Fensterwald: Carrot for changing teacher evaluations [Educated Guess, 12/17/10]: Last month, State Board of Education President Ted Mitchell couldn’t get any votes for his plan to encourage districts to change the way they evaluate teachers and administrators. Education groups didn’t like the proposal any better.

Fensterwald: AG asked to pursue ‘trigger’ complaints [Educated Guess, 12/17/10]: State School Board President Ted Mitchell intends to ask the state Attorney General’s Office to investigate charges of harassment and intimidation of Compton Unified parents who have petitioned to turn their low-performing elementary school into a charter school. Another story is in the Capitol Alert blog.

Teachers union officials say they are not 'villains of education' [LA Daily News, 12/16/10]: After receiving several public bashings amid unprecedented political and community pressure for school reform, leaders of the Los Angeles teacher's union said Wednesday that they are not "the villains of education." Union leaders also laid out their plan to push for teacher-led reforms, as they prepare for a new round of salary negotiations with school district officials.

School Boards Group Questions U.S. Guidance on Bullying [School Law Blog, 12/15/10]: The general counsel of the National School Boards Association is warning the U.S. Department of Education that recent federal guidance to schools on bullying and harassment expands the standard of liability for school officials and "will invite misguided litigation."

Judge leaning toward approving changes in teacher seniority rules in L.A. Unified [LA Times, 12/15/10]: A Los Angeles County Superior Court judge on Tuesday stuck to a tentative ruling that would change the "last hired, first fired" rules that control which teachers get laid off during budget cutbacks in the L.A. Unified School District.

Brown promises austere budget at forum focused on education [Capitol Alert / Sac Bee, 12/15/10]: Gov.-elect Jerry Brown had some words of advice for those gearing up for the budget he will propose next month: "Please sit down if you're reading the stories on the budget on Jan. 10. If you're driving, fasten your seat belt because it's going to be a rough ride." For the full story, go to:

Fensterwald: Educators to Brown: give us flexibility [Educated Guess, 12/15/10]: Gov.-elect Jerry Brown warned educators at a forum at UCLA on Tuesday that they, along with everyone else, should brace for bad news (“Please sit down if you’re reading the stories on the budget on Jan. 10”) when he releases next year’s budget.

McRae: Value-added evaluations can be designed but can limitations be understood? [TOPEd, 12/14/10]: The notion of using student test scores for teacher evaluations has been a professional dilemma for me for many years. On the one hand, using student gains to evaluate teacher effectiveness, as in various “value added” schemes, seems to be a no-brainer, logical thing to do. On the other hand, implementing such schemes seems to violate professional standards for valid, reliable, and fair use of student test scores.

U.S. sues district for denying teacher time off for Mecca pilgrimage [AP, 12/14/10]: The federal government sued a suburban Chicago school district yesterday for denying a Muslim middle school teacher unpaid leave to make a pilgrimage to Mecca that is a central part of her religion. The lawsuit claims that by refusing to grant Safoorah Khan unpaid leave, Illinois school district forced her to choose between her job and her religious beliefs.

Fensterwald: State of state’s teachers is bleak [Educated Guess, 12/14/10]: An annual report on the status of the teaching profession in California has found severe stresses in the system of hiring and retaining teachers, just at a time when, through budget cuts and layoffs, teachers are being asked to teach larger classes and to do more with less. There is also an item in the California Watch.

Education fills big space on Brown's chalkboard [LA Times, 12/13/10]: As the governor-elect prepares to take office, California's schools are confronted by a lack of funding that threatens to further harm pupils and a controversial reform movement that could dramatically reshape how classrooms are run. There is also an item in the “Fox and Hounds” blog.

NYC schools unveil new teacher-tenure system [NY Times, 12/13/10]: New York City schools will implement a new system for granting teacher tenure that will base part of that decision on student achievement on standardized tests. Officials say they expect fewer teachers to be granted tenure under the new system. In 2005, fewer than 1% of eligible teachers failed to receive tenure; this year, more than 11% are expected to fall short. The president of the United Federation of Teachers said the school system should focus more efforts on supporting new teachers rather than devising ways to grant tenure.

Fensterwald: Judge in Robles-Wong case needs convincing [Educated Guess, 12/13/10]: Lawyers for education groups and low-income students say they are confident that, if given the chance, they would prove that California’s school funding system is irrational and insufficient and therefore that the state should be forced to redesign and fund it.

State Sets Few Rules When Home = School [San Diego Union-Tribune, 12/13/10]: Something had long bothered Laura Tate. Her mother had started home schooling her three younger siblings when Tate was still in public high school. When Tate went back to visit her family in Ramona, it looked to her like her mother never taught the three teens.

Kansas school drops 'boobie' bracelet ban [AP / First Amendment Center, 12/10/10]: District's lawyer tells ACLU that Junction City High School will take no further action against students wearing rubber wristbands, T-shirts that support Keep A Breast Foundation.

State agrees to go “fee free” at public schools [Los Angeles Times / Thoughts on Public Education [TOPEd], 12/10/10]: California will crack down on myriad illegal school fees charged to students taking part in such programs as art, athletics, band, cheer and gym if a landmark lawsuit settlement announced Thursday is approved. Read the ACLU press release.


Breast Cancer Bracelet Fight Is Latest School Free Speech Battle [The Legal Intelligencer, 12/10/10]: The latest student speech issue is whether schools can prohibit wearing pink bracelets to promote breast cancer awareness that are emblazoned with the phrase "I [heart] Boobies."

Judge tentatively OKs plan to spread the pain of L.A. Unified layoffs [Los Angeles Times, 12/9/10]: Ruling comes in a suit filed by the ACLU and others charging that some schools suffered unfairly because their teachers didn't have seniority.


Ramanathan: CTA and Quality Education Investment Act: selling the same old snake oil [TOPEd, 12/9/10]: Drug companies often hire researchers to evaluate the prescription medicines they’ve designed. Without fail, the studies reveal – surprise! – that the drugs work.


Fensterwald: Schools likely on Schwarzenegger’s hit list [Educated Guess, 12/6/10]: Democrats aren’t likely to pay much attention to the midyear budget cuts and ideas for closing a $25 billion deficit that Gov. Arnold Schwarzenegger is expected to offer today.


Anastasoff: Highly skilled interns should be considered ‘highly qualified’ teachers [Thoughts on Public Ed, 12/5/10]: The word “intern” conjures up visions of a high school student making copies as a volunteer, a college student struggling through their first unpaid office job, or – depending on where you sit – free help.

Blum: Positives, negatives, problems and some suggestions for tenure [Thoughts on Public Education12/3/10]: The term tenure describes the employment status of a permanent teacher in most public school systems. Tenure provides permanent teachers a “property right” to employment and provides significant guarantees of due process for a teacher facing dismissal charges.

5th Circuit: Elementary Students Have Rights on Christmas Messages, Court Rules [School Law Blog, 12/2/10]: Just in time for the holiday season, a federal appeals court has given a boost to parents and children who challenged a Texas school district's refusal to allow elementary school students to distribute items with Christmas and other religious messages at school parties and events. Read Morgan v. Swanson.

High Court Broadens Protection Against Municipal Liability  [School Law Blog, 12/2/10]: In a decision with potential implications for school districts, the U.S. Supreme Court on Tuesday strengthened protections against municipal liability in federal civil rights lawsuits. The justices ruled 8-0 in Los Angeles County v. Humphries a 1978 high court decision about municipal liability for civil rights violations applies even when a plaintiff is seeking only an injunction or a declaratory judgment, in contrast to monetary damages.

Court says parents can force schools to provide PE [San Luis Obispo Tribune, 12/2/10]: A California appeals court says parents can force public schools to provide state-mandated physical education.

Justices Decline Special Education Teacher's Free-Speech Case [School Law Blog, 11/29/10]: The U.S. Supreme Court on Monday declined to hear the appeal of a Michigan special education teacher who claimed she was fired for complaining that the size of her teaching caseload kept her from providing the proper amount of instruction to each of her students.: The Court of Appeals decision is Fox v. Traverse City Area Public Schools (6th Circuit, 5/17/10). Garcetti v. Ceballos was decided by the Supreme Court in 2006.

$1B in teacher compensation under attack [California Watch, 11/29/10]: U.S. Secretary of Education Arne Duncan is taking aim at the more than $1 billion California school districts spend each year in extra pay to teachers with master's degrees, a core feature of teacher compensation in California and the nation.

New York Court: Court: Hazing Law Covers High School Gang [School Law Blog, 11/24/10]: A high school gang was an "organization" within the meaning of New York state's anti-hazing law, and a prospective member of the gang may not consent to being hazed, a state appellate court has ruled. Read In the Matter of Kahil H.

MPUSD revises grading policy [Monterey Herald, 11/23/10]: A revised grading policy at Monterey Peninsula Unified School District that relies more on individual performance than on traditional scales has raised a few hackles and has been described as "lowering the bar" for students.

Some interesting first amendment issues have arisen lately.

Two middle schoolers have filed a free-speech lawsuit against a Pennsylvania school district that suspended them for wearing the popular "I (heart) boobies!" bracelets. One, Girls sue Pa. school over 'boobies'-bracelet ban [AP / First Amendment Center, 11/17/10] has prompted this response from David L. Hudson of the First Amendment Center [11/22/10. He argues that school officials can't ban 'booby' bracelets simply because they don't like them or fear some students might be uncomfortable.

Another issue which has been litigated a lot, and usually appears closer to high school graduation time:

Ban on Graduation Speech Mentioning 'God' Ruled Unconstitutional  [AP / EdWeek / First Amendment Center, 11/19/10]: A Butte (Montana) High School valedictorian was unconstitutionally banned from speaking at her graduation because she refused to remove the words "God" and "Christ" from her speech, the Montana Supreme Court ruled. This story also appears in The First Amendment Center.
The case is Griffith v. Butte School District No. 1 et al.


Some other recent articles of note:


Norton: Anniversary approaches for a revolutionary, imperfect disabilities law [Thoughts on Public Education—TOPED, 11/22/10]: On November 29, teachers, parents, and students will quietly mark a huge milestone: the 35th anniversary of the passage of Public Law 94-142. Called the Education for All Handicapped Children Act when it was passed in 1975, it is now known as the Individuals with Disabilities in Education Act (IDEA).

Washington Supreme Court: State Law Barred Teacher Sex With 18-Year-Old [School Law Blog, 11/18/10]: Washington state's highest court ruled on Thursday that sex between a high school teacher and an 18-year-old student meets a state law's definition of educator sexual misconduct with a minor. The case is Washington v. Hirschfelder.
Oakland teachers vote in small numbers to authorize a strike [Oakland Tribune, 11/17/10]: Oakland teachers on Tuesday evening authorized its union leadership to call a strike, although less than 15 percent of the membership voted and leaders said a strike is not imminent.

Cal. Court of Appeal: Boys Can’t Sue District [Santa Clarita Valley Signal, 11/15/10]: A student who said he was sexually molested in 2007 by a former Golden Valley High School guidance counselor is not able to sue the William S. Hart Union High School District for negligence, a California appeals court ruled earlier this month. The Second District Court of Appeals ruled 2-1 that the boy could not seek damages from the school district because the alleged molestation was outside of the scope of work the counselor, Roselyn Hubbell, was hired to perform. The lawsuit claims that school district officials knew before hiring Hubbell that she had sexually molested children, but it did nothing to protect students from her. The boy’s attorney said he plans to file a petition in December to request that the California Supreme Court rule on the case. The court decision is C.A. v. William S. Hart Union High School District.
See my post below, dated 11/13/10, from the initial story dated 11/5/10, regarding the decision.

Fensterwald: State Board enters fray on teacher evaluations [Educated Guess, 11/15/10]:

Against claims that it is exceeding its authority, the State Board of Education boldly waded last week into two controversial policy areas: teacher layoffs and teacher and principal evaluations.

Benicia cell phone crackdown upsets students, parents [San Francisco Chronicle, 11/15/10]: Gary Jensen, principal at Benicia High School, doesn't know what hit him in the face at lunchtime or who among the students huddled at picnic tables in the quad targeted him. But he knows why.

For L.A., possible lessons in D.C.'s controversial teacher evaluation system [Los Angeles Times, 11/14/10]: In school districts including Washington's, New York's and Houston's, officials are using a method called 'value-added' to bring a measure of objectivity to the process. But virtually no one endorses it as the sole gauge of an instructor.

New Hampshire Pledge of Allegiance Law Upheld [Ed Week’s SchoolLaw Blog, 11/14/10]: A federal appeals court has upheld a New Hampshire law that requires schools to set aside time daily for students to voluntarily recite the Pledge of Allegiance. Read the 1st Circuit U.S. Court of Appeals decision in Freedom from Religion Foundation v. Hanover School District.

TeacherLaw News updates

Christian group to sponsor 'Day of Dialogue' about homosexuality [Associated Press / First Amendment Center, 11/13/10]: A conservative Christian group has announced that it will sponsor a school-outreach program to talk about sexual orientation. Focus on the Family of Colorado Springs says it will take over sponsorship of the former "Day of Truth," which has been co-sponsored since 2005 by Exodus International, a Christian group in Orlando, Fla. It has renamed the April observance "Day of Dialogue" and is promoting it as a day to talk about homosexuality in schools, not to decry gays. 

School to student: Take U.S. flag off your bike  [David L. Hudson in the First Amendment Center, 11/12/10]: Since when is honoring Veterans Day with the display of the American flag disruptive? That's a question facing school officials at Denair (Calif.) Middle School who reportedly prohibited a 13-year-old student from attaching an American flag on the back of his bicycle. What the Tinker ruling called 'undifferentiated fear' leads to censorship of expression on grounds of preventing racial tension.

Civil rights complaints focus on schools' compliance with Title IX [Christian Science Monitor, 11/11/10]: The National Women's Law Center filed civil rights complaints against 12 U.S. school districts Wednesday, claiming a disproportionately low number of female students are participating in athletics. The complaints are reportedly part of a campaign to raise awareness about Title IX, which prohibits gender discrimination in public schools. There is a "widespread pattern of schools failing to give girls as many chances as boys to play sports," an NWLC official said.

California mulls teacher report cards  [Monterey Herald, 11/12/10]: The California State Board of Education took the first step Tuesday toward a process that will make it easier to include teacher and principal evaluations in the School Accountability Report Card, a one-page summary of school accomplishments published every year for each school.

Fensterwald: Paths to school finance reform  [Educated Guess, 11/11/10]: The state’s system of funding K-12 schools is inadequate, inequitable and opaque.

California leads nation in charter school growth  [Sacramento Bee, 11/10/10]: California led the nation in charter school growth this year, according to a report released today by The Center for Education Reform, a pro-charter group.

Brown wants to ax secretary of education position  [California Watch, 11/10/10]: As part of his campaign pledge to "make government more efficient and effective," Gov.-elect Jerry Brown has promised to do away with the secretary of education position, a fixture in governors' cabinets since the early 1990s.

Schrag: Sticking it to the Schools Suck Industry [California Progress Report, 11/8/10]: John Mockler has rarely been timid in his opinions about education policy. But he’s never been more in-your-face than in his blasts at what he’s been calling “the California Schools Suck Industry” and the “statistical pornography” of the business groups, foundations, politicians and journalists who are its principal members.

Texas cheerleader suing - didn't root for attacker  [San Francisco Chronicle, 11/7/10]: If you're a high school cheerleader, you cheer for the whole team. The stars and the scrubs. The nice guys and the jerks. But what about a player you've accused of raping you. A federal appeals court ruled against a Texas high school cheerleader who was kicked off the squad after refusing to encourage her alleged attacker.

Teacher suspended over alleged teacher to student bullying incident [Detroit News, 11/8/10]: Dozens of students and community members are expected to pack a Howell school board meeting tonight to protest the two-day suspension of a high school teacher who was disciplined over a free speech issue. This was the teacher who was suspended for two days by school district officials after he disciplined two students who said they could not accept homosexuals because of their religious beliefs.

Influence of teachers unions in question [Los Angeles Times, 11/7/10]: The groups have been slow to come to terms with the push for reform. Some see them as obstacles to change, and even union sympathizers agree that their voice in the education debate has been muted.

La Habra teachers will vote on strike Tuesday, union says [Orange County Register, 11/6/10]: Teachers in the La Habra City School District will vote Tuesday evening on whether to authorize a strike after the district imposed a contract that includes permanent salary reductions and benefit caps, the teachers' union president said Friday. The fact-finding report is available.

In Schools’ Efforts to End Bullying, Some See Agenda  [New York Times, 11/6/10]: Alarmed by evidence that gay and lesbian students are common victims of schoolyard bullies, many school districts are bolstering their antiharassment rules with early lessons in tolerance, explaining that some children have “two moms” or will grow up to love members of the same sex. But such efforts to teach acceptance of homosexuality, which have gained urgency after several well-publicized suicides by gay teenagers, are provoking new culture wars in some communities.

California Court of Appeal, in split decision, rules in favor of school district in negligent hiring case involving high school counselor
C.A. v. William S. Hart Union High Sch. Dist. (CA 2nd district, 11/5/10): C.A., a minor student, filed a complaint naming as defendants a public high school, the school district, and an individual guidance counselor. The complaint alleged many causes of action, including negligence, negligent supervision, negligent hiring on behalf of the District and sexual battery, assault, and sexual harassment by the counselor. The student alleged that the District “knew that [the guidance counselor] had engaged in unlawful sexually-related conduct with minors in the past, and/or was continuing to engage in such conduct,” but failed to take reasonable steps to prevent further unlawful sexual conduct by the guidance counselor. The District demurred, and the trial court agreed with the District that there were no code sections to which the public District could be held responsible as the counselor behavior, as alleged, was outside the scope of her employment. Also, “[o]n the sexual harassment, Civil Code [sections] 51.9 and 52.4 don‘t provide a statutory basis for those kind [sic] of claims against a public entity.”

C.A. then appealed and the Court of Appeal affirmed the trial court decision. The Court of Appeal ruled that:
1. The facts alleged in the complaint do not support the vicarious liability of the School District.
2. No statute allows a direct action for negligence against the School District.
3. No mandatory duty subjects the School District to liability.
4. C.A.’s other causes of action also fail to state a claim.

However, the decision was not unanimous, and in a dissent it was opined that the Court of Appeal should clearly say that “the school district may be liable for breaching its duty to protect students from physical harm.” “Although the school district cannot be held liable for the intentional misconduct of the guidance counselor, it may be liable through respondeat superior for the negligence of other employees who were responsible for hiring, supervising, training, or retaining her.” The dissent argued that “[u]nder the Dailey-Hoyem-Randi W. trilogy, a school employee may be held personally liable for his or her negligence in failing to supervise students adequately, and the school district may be vicariously liable for the employee‘s negligence.”
To read the entire decision, go to:
http://www.courtinfo.ca.gov/opinions/documents/B217982.PDF


Elverta School Board Moves to Oust Superintendent [Sacramento Bee, 11/5/10]: The Elverta Joint Elementary School District board voted 4-0 Thursday night to initiate dismissal proceedings against Superintendent Elizabeth Golchert over allegations that duct tape was placed over a student's mouth. The dismissal action came despite protests from the student's father, who voiced nothing but support for Golchert.

Fensterwald: Most parcel taxes defeated this week  [Educated Guess, 11/5/10]: California voters continue to be generous when it comes to renovating and building schools. But at least in the latest election, they refused to spend any more money running them.
See the California School Board Association’s chart for all school bond and parcel tax elections.
See Rich Kitchens’ chart on this website which covers only parcel taxes:

Fensterwald: Listen up, Jerry Brown; here’s good advice  [Educated Guess, 11/4/10]: The current governor has not suffered for lack of good advice on education policy. There’s the 23-study Getting Down to Facts, assembled by an institute at Stanford at his encouragement, followed by extensive findings of his Committee on Education Excellence, which he appointed. There is part one, and part two.

Torlakson leads in state Superintendent of Public Instruction race [Contra Costa Times, 11/3/10]: Elections returns show Assemblyman Tom Torlakson, D-Pittsburg, holding his lead over retired Administrator Larry Aceves in the race for California Superintendent of Public Instruction. With 97% of precincts reporting, as of 11/03 at 9:22a.m., it looked like this:
Tom Torlakson: 54.6%
Larry Aceves: 45.5%

High Court to Weigh 'Miranda' Rights of Juveniles at School  [SchoolLaw Blog, 11/1/10]: The U.S. Supreme Court agreed today to consider whether a juvenile burglary suspect who was interrogated at school by the police should have been given a Miranda warning about his rights. 

SF school district goes after residency cheats
[San Francisco Chronicle, 11/1/10]: Liars beware. Assisted by an arsenal of private investigators and public databases, San Francisco school district officials have spent the last seven months cracking down on out-of-town address cheats, identifying 200 students who lied about where they live to get into city schools.

Kerchner: Negotiate student achievement goals into teachers’ contracts  [Thoughts on Public Education blog, 10/29/10]: Collective bargaining lends itself to lots of different conversations, but it’s hard to talk about what matters most: how spending money will or won’t make education better. 

Fighting Bullying With Lawsuits [The Connecticut Law Tribune, 10/29/10]:  10/29/10: Nationally, lawsuits related to bullying are popping up every month, with many filed by parents against school districts for allegedly turning a blind eye. Attorney Alyce Alfano says often bullying concerns are settled just by bringing the two parties together before a lawsuit is needed.

Study: Half of high school students admit to bullying [CNN, 10/27/10]: Half of all high school students say they have bullied someone in the past year, with nearly as many saying they have been the victims of bullying, according to a new study released this week.

Bullying Based on Sexual Orientation May Violate Civil Rights, U.S. Ed. Dept. Warns  [Education Week / New York Times, 10/26/10]: Certain types of harassment rooted in sexual orientation or religious differences may be a federal civil rights violation, even though members of those groups are not specifically protected in federal law, according to new guidance released today by the U.S. Dept. of Education's office of civil rights. 
You can read the "Dear Colleague Letter" from the OCR (10/26/10).
You can read the New York Times’ article (10/26/10).

Oxnard teachers union files complaint over blocked e-mail  [Ventura County Star, 10/26/10]: Oxnard Federation of Teachers officials filed a complaint Monday against the Oxnard Union High School District after they said their access to the district e-mail system was unfairly terminated. 

Despite capital region layoffs, a teacher shortage looms  [Sacramento Bee, 10/26/10]: Even as laid-off teachers scour job ads, education experts say school districts are likely to face a massive teacher shortage when the economy recovers.

Court: No Teacher Speech Rights on Curriculum [School Law Blog, 10/21/10]: Teachers have no First Amendment free-speech protection for curricular decisions they make in the classroom, a federal appeals court ruled on Thursday."Only the school board has ultimate responsibility for what goes on in the classroom, legitimately giving it a say over what teachers may (or may not) teach in the classroom," the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, said in its opinion.
The case is Evans-Marshall v. Board of Education of the Tipp City Exempted Village School District.
Read the Education Week (11/16/05) story.

Jury exonerates defendants in Sac City Unified pension case  [Sacramento Bee, 10/19/10]: A Sacramento County civil jury on Monday exonerated the pension consultant and lawyers who advised the Sacramento City Unified School District during creation of a now dismantled pension plan for administrators.

Fensterwald: Superman’s Emily states her case for choice  [Thoughts on Public Ed, 10/19/10]: Emily Jones was speaking only for herself. She and her mother, Ann, made that clear. 
You can read a response to the "Superman" film, delivered at the annual gala honoring the 2010 state and 2011 MetLife/NASSP National Principals of the Year, October 1, 2010. NASSP Principal of the Year ceremony in Washington, D.C., by NASSP Executive Director Tirozzi.

Hanushek: Unions fighting a phony ‘war on teachers’  [TopEd, 10/19/10]: No longer is education reform an issue of liberals vs. conservatives. In Washington, the Obama administration’s Race to the Top program rewarded states for making significant policy changes such as supporting charter schools.

Justices Decline Case on Teacher's Grievance [School Law Blog, 10/18/10]: The U.S. Supreme Court today declined to hear the appeal of a New York City teacher who claims he was retaliated against and ultimately fired for his complaints about administrators' alleged failure to discipline students who threw books at him in class.

Sunday Perspective: Why aren't our teachers the best and the brightest? [Contra Costa Times, 10/17/10]: People trying to improve education in this country have been talking a lot lately about boosting "teacher effectiveness." But nearly all such efforts focus on the teachers who are already in the classroom, instead of seeking to change the caliber of the people who enter teaching in the first place.