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.
Baron: Hidden costs of deferrals [Thoughts on Public Education, 3/18/11]: I’m still in the hole to my teenage son for a little over $100. I promised him $25 for every A on his report card, with a $50 bonus for straight As. Oh sure, I gave him some of it; I‘m not a complete deadbeat. But I deferred the rest.
School district’s refusal to provide allergic student with a nut free environment did not constitute an actionable threat of violence or harm under California law [National School Boards Association, 3/17/11]: A federal district court in California has dismissed a claim brought by the parents of a student with a nut allergy alleging that the school district's refusal to provide the student with a nut free environment at school was an actionable threat of violence or harm under the state's civil code. Read the NSBA’s Legal Clips summary: Read the Memorandum Decision in McCue v. South Fork Union Elementary School (2/7/11, E.D. California)
Fensterwald: Robles-Wong lawyers reframe case [Educated Guess, 3/17/11]: Having had their complaints rejected the first time, two groups of plaintiffs are hoping an Alameda County Superior Court judge will look more kindly on revised arguments to have the state’s method and levels of public school funding ruled unconstitutional.
U.S. Is Urged to Raise Teachers’ Status [New York Times, 3/16/11]: To improve its public schools, the United States should raise the status of the teaching profession by recruiting more qualified candidates, training them better and paying them more, according to a new report on comparative educational systems. Read the report.
Sunday, March 20, 2011
Wednesday, March 16, 2011
Appeals court reinstates case by Muslim over scarf [The Recorder / School Law Blog, 3/16/11]: A federal appeals court unanimously reinstated a lawsuit Tuesday filed by a Muslim woman who accused Southern California jailers of violating her religious freedom when they ordered her to take off her head scarf in a courthouse holding cell. The School Law Blog also posted on this case.
Calif. Court of Appeal Clarifies Classified Employee Reemployment Status [CSEA v. Governing Bd. East Side Union School Dist. (CA6 H034866 3/15/11), 3/15/11]: A permanent classified employee contends that upon being laid off and thereafter reemployed by the district in a different, lower position, she retains her permanent status and may not be required to serve a probationary period in the new position. The Court of Appeal ruled that the statutory scheme does not support her contention. It held that such an employee’s permanent status is restricted to the position or class in which it was attained and is not retained when the employee is reemployed in a different, lower position.
As pink slip deadline arrives, more than 20,000 teachers laid off [California Watch, 3/15/11]: March 15 has become an annual ritual marked by pain and distress for thousands of California teachers who will receive pink slips by the end of the day today, or will be waiting to receive them in the mail.
Deadline for pink slips for thousands of teachers arrives today [California Watch, 3/15/11]: March 15 has become an annual ritual marked by pain and distress for thousands of California teachers who will receive pink slips by the end of the day today, or will be waiting to receive them in the mail.
Ramanathan: Districts will lay off some of their best and brightest today; that must change [Thoughts on Public Education, 3/15/11]: Kaitlin Donovan, Nicholas Melvoin, Emilie Smith, and Tyler Hester didn’t expect to get a layoff notice. They were the kind of teachers typically romanticized in Hollywood movies.
Fensterwald: Educators get schooled in politics [Educated Guess, 3/15/11]: Many offices were visited; many words were spoken; few, if any, minds were changed Monday, the Association of California School Administrators’ annual Legislative Action Day.
Union blasts state bill for teachers [Inland Daily Bulletin, 3/15/11]: Some union leaders are blasting an education reform bill introduced in Sacramento that would base teacher layoffs on performance rather than seniority. State Sen. Bob Huff, R-Walnut, proposed the bill to give school districts more flexibility to retain top educators. The San Bernardino Sun also has the story (3/13/11].
Last-in, first-out layoff policies hit some schools harder than others [Oakland Tribune, 3/15/11]: The Oakland school district has sent layoff warnings to more than one-fifth of its teaching staff. It was an extreme step, and school officials say they took it to prepare for an extreme budget scenario: the loss of as much as $900 in state funding per student, or $30 million.
Calif. Court of Appeal Clarifies Classified Employee Reemployment Status [CSEA v. Governing Bd. East Side Union School Dist. (CA6 H034866 3/15/11), 3/15/11]: A permanent classified employee contends that upon being laid off and thereafter reemployed by the district in a different, lower position, she retains her permanent status and may not be required to serve a probationary period in the new position. The Court of Appeal ruled that the statutory scheme does not support her contention. It held that such an employee’s permanent status is restricted to the position or class in which it was attained and is not retained when the employee is reemployed in a different, lower position.
As pink slip deadline arrives, more than 20,000 teachers laid off [California Watch, 3/15/11]: March 15 has become an annual ritual marked by pain and distress for thousands of California teachers who will receive pink slips by the end of the day today, or will be waiting to receive them in the mail.
Deadline for pink slips for thousands of teachers arrives today [California Watch, 3/15/11]: March 15 has become an annual ritual marked by pain and distress for thousands of California teachers who will receive pink slips by the end of the day today, or will be waiting to receive them in the mail.
Ramanathan: Districts will lay off some of their best and brightest today; that must change [Thoughts on Public Education, 3/15/11]: Kaitlin Donovan, Nicholas Melvoin, Emilie Smith, and Tyler Hester didn’t expect to get a layoff notice. They were the kind of teachers typically romanticized in Hollywood movies.
Fensterwald: Educators get schooled in politics [Educated Guess, 3/15/11]: Many offices were visited; many words were spoken; few, if any, minds were changed Monday, the Association of California School Administrators’ annual Legislative Action Day.
Union blasts state bill for teachers [Inland Daily Bulletin, 3/15/11]: Some union leaders are blasting an education reform bill introduced in Sacramento that would base teacher layoffs on performance rather than seniority. State Sen. Bob Huff, R-Walnut, proposed the bill to give school districts more flexibility to retain top educators. The San Bernardino Sun also has the story (3/13/11].
Last-in, first-out layoff policies hit some schools harder than others [Oakland Tribune, 3/15/11]: The Oakland school district has sent layoff warnings to more than one-fifth of its teaching staff. It was an extreme step, and school officials say they took it to prepare for an extreme budget scenario: the loss of as much as $900 in state funding per student, or $30 million.
Saturday, March 12, 2011
Court: Cross-Unit Bumping is Negotiable; No Pre-Layoff Hearing Required for Economic Layoffs [Alameda County Management Employees Association v. Superior Court (Case No. A128697 (Issued 3/7/11) [PERB Blog, 3/11/11]: In response to a budget deficit for the 2009-2010 fiscal year, the Superior Court of Alameda County (Court) laid off 28 members in the bargaining unit represented by the Alameda County Management Employees Association (ACMEA). Under the Court’s personnel rules, an employee who is laid off has the right to “bump” into a position he or she previously held. However, the Court negotiated a MOU with SEIU providing that an employee loses any “seniority” for calculating bumping rights if the employee leaves his or her position for more than six months. The SEIU MOU had the effect of preventing management employees from “bumping” into the SEIU unit because the management employees lost seniority per the SEIU MOU provision.
This is the first published decision discussing pre-layoff due process hearings since the Levine v. City of Alameda (9th Cir. 2008) 525 F. 3d 903, decision in 2008. That decision created a stir because it suggested that pre-layoff due process hearings are required. However, this decision makes clear that if there is no evidence that employees are being specifically "targeted" for layoff in lieu of discipline or as a form of reprisal, then no pre-layoff due process hearing is required. Read this decision.
This is the first published decision discussing pre-layoff due process hearings since the Levine v. City of Alameda (9th Cir. 2008) 525 F. 3d 903, decision in 2008. That decision created a stir because it suggested that pre-layoff due process hearings are required. However, this decision makes clear that if there is no evidence that employees are being specifically "targeted" for layoff in lieu of discipline or as a form of reprisal, then no pre-layoff due process hearing is required. Read this decision.
Kerchner: Why the politics we’ve got won’t produce the schools we need [Thoughts on Public Education, 3/11/11]: Why, one might ask, should California, the headwaters of the digital revolution, be stuck in the eddies of an early 20th Century school design? The answer lies partly in culture and partly in politics. Almost all the politics of education concerns rearranging adult power and privilege. Relatively little political energy is spent consciously designing a contemporary system of public education that addresses the needs of today’s students. That should change.
5th Circuit Backs Student-Hacker Suspect's Discipline, Mother's Firing [School Law Blog, 3/10/11]: A federal appeals court has upheld the discipline of a Mississippi student who was accused of hacking into the computer system of his middle school and initiating a brief "denial of service" attack. The panel of the U.S. Court of Appeals for the 5th Circuit, in New Orleans, also ruled against the boy's mother, who was fired from her job as a school secretary after protesting the action taken against her son and threatening to sue the school district. Read the decision in Harris v. Ponotoc County School District.
Teachers union wants Supreme Court to overturn layoff ban [California Watch, 3/10/11]: The biggest teachers union in Los Angeles will likely ask the state Supreme Court to overturn a recent appellate court decision blocking teacher layoffs at 45 struggling schools. Read the ACLU press release on the legal settlement.
Isolated Reference to Union Activity During Termination Not Enough To Establish Retaliation (Fallbrook Union Elementary School District (2011) 2171-E) [PERB Blog, 3/8/11]: This case involved an allegation that the Fallbrook Union Elementary School District (District) decided not to reemploy a teacher because of her activities as a union site representative. The Administrative Law Judge (ALJ) found in favor of the teacher. However, on exceptions by the District the Board (PERB) rejected the ALJ’s proposed decision and dismissed the charge. The Board’s decision focused on whether the union had established the required “nexus” between the adverse action and the protected activity. The Board acknowledged that it could indicate anti-union animus if coupled with other facts. But here, the Board found no other facts supporting anti-union animus. Accordingly, the Board rejected the ALJ’s proposed decision and dismissed the complaint. There was a dissent in this interesting case. Read the Fallbrook decision at:
Appellate court allows teacher layoffs to go forward under new rules [Los Angeles Times, 3/8/11]: A state appellate court refused Monday to delay a settlement that would alter traditional seniority protections in Los Angeles schools, opting instead to let stand a new process that would protect 45 “vulnerable” campuses entirely from layoffs. Read Festerwald’s post at Educated Guess [3/8/11]:
5th Circuit Backs Student-Hacker Suspect's Discipline, Mother's Firing [School Law Blog, 3/10/11]: A federal appeals court has upheld the discipline of a Mississippi student who was accused of hacking into the computer system of his middle school and initiating a brief "denial of service" attack. The panel of the U.S. Court of Appeals for the 5th Circuit, in New Orleans, also ruled against the boy's mother, who was fired from her job as a school secretary after protesting the action taken against her son and threatening to sue the school district. Read the decision in Harris v. Ponotoc County School District.
Teachers union wants Supreme Court to overturn layoff ban [California Watch, 3/10/11]: The biggest teachers union in Los Angeles will likely ask the state Supreme Court to overturn a recent appellate court decision blocking teacher layoffs at 45 struggling schools. Read the ACLU press release on the legal settlement.
Isolated Reference to Union Activity During Termination Not Enough To Establish Retaliation (Fallbrook Union Elementary School District (2011) 2171-E) [PERB Blog, 3/8/11]: This case involved an allegation that the Fallbrook Union Elementary School District (District) decided not to reemploy a teacher because of her activities as a union site representative. The Administrative Law Judge (ALJ) found in favor of the teacher. However, on exceptions by the District the Board (PERB) rejected the ALJ’s proposed decision and dismissed the charge. The Board’s decision focused on whether the union had established the required “nexus” between the adverse action and the protected activity. The Board acknowledged that it could indicate anti-union animus if coupled with other facts. But here, the Board found no other facts supporting anti-union animus. Accordingly, the Board rejected the ALJ’s proposed decision and dismissed the complaint. There was a dissent in this interesting case. Read the Fallbrook decision at:
Appellate court allows teacher layoffs to go forward under new rules [Los Angeles Times, 3/8/11]: A state appellate court refused Monday to delay a settlement that would alter traditional seniority protections in Los Angeles schools, opting instead to let stand a new process that would protect 45 “vulnerable” campuses entirely from layoffs. Read Festerwald’s post at Educated Guess [3/8/11]:
Sunday, March 6, 2011
Sen. Huff wants legislature to tackle teacher evaluation [San Gabriel Valley Tribune, 3/6/11]: A bill by San Gabriel Valley state Sen. Bob Huff would do away with the first-in, first-out layoff policies at California school districts, a change long sought by education reform groups. Senate Bill 355 calls for districts to evaluate teachers and to use the data to lay off the worst teachers. Right now, teacher layoffs are based almost solely on seniority.
N.J. Task Force Makes Recommendations on Grading Teachers [Wall Street Journal, 3/4/11]: The administration of New Jersey Gov. Chris Christie released a proposed rubric developed by a task force for evaluating teachers and awarding tenure and pay. The panel is suggesting that 50% of teacher ratings be based on student performance, 40% on measures of "effective practice" and 10% on other factors. However, critics of the proposed system, including teachers unions and some education experts, argue that student-testing data is unreliable and should not be used to make "high-stakes personnel decisions."
Gates challenges assumptions on teacher pay, seniority [ABC News, 3/3/11]: Microsoft founder Bill Gates challenged traditional assumptions about teacher pay, seniority and effectiveness in a speech Thursday at the 2011 TED (Technology, Education, Design) Conference. Gates questioned the $50 billion he said is spent each year on seniority-based pay increases for teachers, arguing that teacher longevity has not been shown to improve student achievement. He promoted the concept of extra pay for top teachers who agree to take on additional students.
Fourth Hacienda La Puente school district employee faces workers comp fraud charges [San Gabriel Valley Tribune, 3/4/11]: For the fourth time since January, a Hacienda La Puente Unified School District employee was arrested Wednesday night on charges of workers compensation fraud, authorities said. Warner said the cases are not related but said the high volume was due to the district's increased vigilance fighting insurance fraud. School district officials didn't return phone calls seeking comment.
Rio School District in limbo for now [Ventura County Star, 3/4/11]: Rio School District officials have not yet settled on who will lead the district after Superintendent Sherianne Cotterell goes on paid leave Friday, saying they expect to have more information next week. In a split decision Wednesday, the Rio school board announced it would terminate Cotterell's contract without cause and place her on paid leave as The story from the previous day is here.
Baron: Duncan criticizes last-hired, first-fired [Thoughts on Public Education, 3/4/11]: U.S. Education Secretary Arne Duncan called on state and local officials to be flexible and creative with federal education funds to protect students from the harshest cuts during this budget crisis.
Teachers face unprecedented challenges to their profession [New York Times, 3/2/11]: Many teachers across the country view warnings about layoffs -- along with ongoing attempts to reduce their rights, income and benefits -- as negative commentary on their value to society. The efforts, under way in numerous states, are being driven ostensibly by deep budget deficits and a broad school accountability movement. However, some say the initiatives will deter high-quality recruits from entering the profession and will drive effective teachers from the neediest schools.
School officials blast watchdog group for audit [Chico Enterprise-Record, 3/2/11]: Two school superintendents Tuesday accused the watchdog group Californians Aware (CalAware) of trying to make the public schools look bad with its Public Records Act audit.
Camp: 10 essential blogs on Cal education—no, make that 11 [Thoughts on Public Education, 3/2/11]: Many education-related organizations in California have developed blogs or email lists to keep their followers informed.
Facebook song gets Miss. student suspended, school sued [Student Press Law Center, 3/1/11]: A high school student is suing his school board, superintendent and principal after he was suspended for recording a rap song off campus that referenced allegations of inappropriate behavior by coaches with female students.
Justices Weigh School Interviews on Sex Abuse [School Law Blog, 3/1/11]: The U.S. Supreme Court today took up, in Camreta v. Greene, what potentially could be a major test involving the rights of children when interacting with the police and other government investigators in schools. But in the case over whether school interviews of children by investigators constitute unreasonable "seizures" under the Fourth Amendment, the arguments today quickly stumbled over procedural issues. On March 23, the court will take up another case involving the police and schools. In J.D.B. v. North Carolina the justices will consider whether a student interviewed at school about suspected neighborhood thefts should have been given a Miranda warning. Read Tony Mauro on the Camreta case [National Law Journal, 3/2/11].
Office for Civil Rights Posts Agreements From Investigations [Education Week, 3/1/11]: The U.S. Department of Education's office for civil rights is posting agreements online that are forged between the office and school districts resulting from compliance reviews or investigations of complaints. Russlynn H. Ali, the assistant secretary for the OCR, made a point of telling me about the new method of distribution in a phone interview last Friday.
High Court Declines Student Speech Case [School Law Blog, 2/28/11]: The U.S. Supreme Court today declined to hear the appeal of a high school student who claimed that his free speech rights were infringed when administrators refused to let him return to school to address allegations that he had made a racially insensitive comment about another student. Read the 2nd Circuit opinion in DeFabio v. East Hampton Union Free School District:
Ex-Grant administrators sue Twin Rivers school district for jobs and back pay [Sacramento Bee, 2/28/11]: Twin Rivers Unified School District is fighting a new wave of lawsuits by six former administrators of the Grant Joint Union High School District. The two latest lawsuits were filed in January by two groups of former high-ranking Grant administrators who are demanding that they be given jobs with back pay.
Sweetwater wins lawsuit with former administrator [San Diego Union Tribune, 2/25/11]: A former Sweetwater Union High School District administrator is not entitled to additional severance pay, a San Diego Superior Court judge has determined.
N.J. Task Force Makes Recommendations on Grading Teachers [Wall Street Journal, 3/4/11]: The administration of New Jersey Gov. Chris Christie released a proposed rubric developed by a task force for evaluating teachers and awarding tenure and pay. The panel is suggesting that 50% of teacher ratings be based on student performance, 40% on measures of "effective practice" and 10% on other factors. However, critics of the proposed system, including teachers unions and some education experts, argue that student-testing data is unreliable and should not be used to make "high-stakes personnel decisions."
Gates challenges assumptions on teacher pay, seniority [ABC News, 3/3/11]: Microsoft founder Bill Gates challenged traditional assumptions about teacher pay, seniority and effectiveness in a speech Thursday at the 2011 TED (Technology, Education, Design) Conference. Gates questioned the $50 billion he said is spent each year on seniority-based pay increases for teachers, arguing that teacher longevity has not been shown to improve student achievement. He promoted the concept of extra pay for top teachers who agree to take on additional students.
Fourth Hacienda La Puente school district employee faces workers comp fraud charges [San Gabriel Valley Tribune, 3/4/11]: For the fourth time since January, a Hacienda La Puente Unified School District employee was arrested Wednesday night on charges of workers compensation fraud, authorities said. Warner said the cases are not related but said the high volume was due to the district's increased vigilance fighting insurance fraud. School district officials didn't return phone calls seeking comment.
Rio School District in limbo for now [Ventura County Star, 3/4/11]: Rio School District officials have not yet settled on who will lead the district after Superintendent Sherianne Cotterell goes on paid leave Friday, saying they expect to have more information next week. In a split decision Wednesday, the Rio school board announced it would terminate Cotterell's contract without cause and place her on paid leave as The story from the previous day is here.
Baron: Duncan criticizes last-hired, first-fired [Thoughts on Public Education, 3/4/11]: U.S. Education Secretary Arne Duncan called on state and local officials to be flexible and creative with federal education funds to protect students from the harshest cuts during this budget crisis.
Teachers face unprecedented challenges to their profession [New York Times, 3/2/11]: Many teachers across the country view warnings about layoffs -- along with ongoing attempts to reduce their rights, income and benefits -- as negative commentary on their value to society. The efforts, under way in numerous states, are being driven ostensibly by deep budget deficits and a broad school accountability movement. However, some say the initiatives will deter high-quality recruits from entering the profession and will drive effective teachers from the neediest schools.
School officials blast watchdog group for audit [Chico Enterprise-Record, 3/2/11]: Two school superintendents Tuesday accused the watchdog group Californians Aware (CalAware) of trying to make the public schools look bad with its Public Records Act audit.
Camp: 10 essential blogs on Cal education—no, make that 11 [Thoughts on Public Education, 3/2/11]: Many education-related organizations in California have developed blogs or email lists to keep their followers informed.
Facebook song gets Miss. student suspended, school sued [Student Press Law Center, 3/1/11]: A high school student is suing his school board, superintendent and principal after he was suspended for recording a rap song off campus that referenced allegations of inappropriate behavior by coaches with female students.
Justices Weigh School Interviews on Sex Abuse [School Law Blog, 3/1/11]: The U.S. Supreme Court today took up, in Camreta v. Greene, what potentially could be a major test involving the rights of children when interacting with the police and other government investigators in schools. But in the case over whether school interviews of children by investigators constitute unreasonable "seizures" under the Fourth Amendment, the arguments today quickly stumbled over procedural issues. On March 23, the court will take up another case involving the police and schools. In J.D.B. v. North Carolina the justices will consider whether a student interviewed at school about suspected neighborhood thefts should have been given a Miranda warning. Read Tony Mauro on the Camreta case [National Law Journal, 3/2/11].
Office for Civil Rights Posts Agreements From Investigations [Education Week, 3/1/11]: The U.S. Department of Education's office for civil rights is posting agreements online that are forged between the office and school districts resulting from compliance reviews or investigations of complaints. Russlynn H. Ali, the assistant secretary for the OCR, made a point of telling me about the new method of distribution in a phone interview last Friday.
High Court Declines Student Speech Case [School Law Blog, 2/28/11]: The U.S. Supreme Court today declined to hear the appeal of a high school student who claimed that his free speech rights were infringed when administrators refused to let him return to school to address allegations that he had made a racially insensitive comment about another student. Read the 2nd Circuit opinion in DeFabio v. East Hampton Union Free School District:
Ex-Grant administrators sue Twin Rivers school district for jobs and back pay [Sacramento Bee, 2/28/11]: Twin Rivers Unified School District is fighting a new wave of lawsuits by six former administrators of the Grant Joint Union High School District. The two latest lawsuits were filed in January by two groups of former high-ranking Grant administrators who are demanding that they be given jobs with back pay.
Sweetwater wins lawsuit with former administrator [San Diego Union Tribune, 2/25/11]: A former Sweetwater Union High School District administrator is not entitled to additional severance pay, a San Diego Superior Court judge has determined.
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