Friday Snippets: 8/22/08 - Waiting on the Choice of the Next President

The most important story today is probably the VP selection of Barack Obama, expected later this afternoon (not like you didn't know). Whomever Barack chooses is likely to at least have a decent chance at becoming President in 8 years. This election reminds me so much of the 1980 election, and in that election the party that won (Reagan) stayed in power for 12 years and the Vice President (George H. W. Bush) became President. From the beginning (waaayyy at the beginning when people didn't know their names) I thought the best possible ticket for the Democrats this year was Obama/Warner in one form or the other, so I am still holding out hope for a surprise Mark Warner selection at the last minute as he seems clearly the second brightest star in the Democratic Party. Anyway, the point is that it is an important day in American politics today when we might find out who will be the next, next president.

Hawaii, still in the reform mood, tweaks their school calander to provide more summer.

Another school funding lawsuit in Illinois. Third times' a charm?

No using state dollars to sue ... the state in South Dakota.

Conservates preparing for the end of NCLB?

Why we need technology instruction for teenagers. They already know how to use the tools, but they don't know what is considered misuse.

A good article on Texas school finance.

I have been talking about Louisiana's reform tendencies all year with vouchers and charters and whatnot ... now it hits closer to home. Principal Prep. and the Wallace Foundation, entities I know a lot about.

Major mergers in Maine.

Lot of talk this week about lowering the drinking age. We'll see how far that goes.

School business officials have joined the New Jersey Superintendent pay limit lawsuit.

Beginning this year, twins can stay together in Penn. schools.


Around the Ed. Law Blogosphere ...

I redesigned my Netvibes page to match the new look, but it is still as effective as ever at delivering all the best education law blog posts in one spot.

Mark Walsh has Riehm v. Engelking, an 8th Circuit case on a student creative writing story not protected by the First Amendment. Mark also has Barr v. Lefon, where a ban on the Confederate Flag in a school with racial tensions was upheld. You can find both of these cases in the Cases section of this website.

Wrightslaw has Milwaukee Public Schools having to pay $450,000 in legal fees for a challenge to their special education system.

Mitchell R. has a great week. First, a whole new use for MySpace. Next, commentary well worth reading on Corporal Punishment. Also, a case on special education discipline.

Jim Gerl has a good post on on the IDEA language (or lack thereof) regarding mainstreaming. And, Jim is waiting impatiently for the response from the candidates. My feeling is that they would not respond without a little pressure. Perhaps, Jim, you should talk to Michele McNeil at Campaign K-12 and get her to do a story on the candidates ignoring you. 

Jim Walsh has a court in Texas throwing out a Assistant Principal's defamation case against students who created a fake and sexually graphic MySpace page in her name.

Howard Friedman has a partial dismissal of a pledge case and dismissal of a free exercise claim against Pennsylvania's homeschooling policies.


And for your Friday Fun:

Biden is trading the highest right now on Intrade. Still time to get in on the Republican Vice Presidential betting.

Google Document Link: Waiting on the Choice of the Next President

08/15/08 - The New Role

So, I am still getting comfortable with my new faculty role, thus time is short lately. So an abbreviated version of the snippets this week. But, Mark Walsh said it was a quiet week (read that post for some of the action this week), so I am going to go with that and not feel too bad about it.     

Teachers are going to carry guns in this Texas district. One word (pun intended) ... overkill. Okay, second word ... dumb. h/t Joanne Jacobs.

The tax swap (from local to state) constitutional amendment in Florida is off again.

A NJ school administrator sues the state over the school leader salary limitations. And a report that some are getting 6 figure retirement checks.  

49 year old state board member in Nevada kisses 20 year old wife during board meeting and is forced to resign.

Hearings for new Michigan special ed. regs.

Utah may have voted down vouchers, but that doesn't mean it is still not an issue out there. 

Potentially more money in Arkansas.

Kids are not dumb ... they know it is about the money. 

The Georgia rural school finance lawsuit is moving forward.

Homeless kids can ride the bus in Hawaii ... (I would hope so).

Mitch Daniels (who apparently is pretty concerned about staying Governor of Indiana) wants all school purchasing to start going through the state purchasing authority. Can you imagine how long it would take to get a stapler?

Louisiana, not content to rest on their voucher, charter et al. work this year is now making mumblings about a 4 day school week.

Montana's new State Sup. made her feelings on NCLB known.


Around the blogosphere ...

Mark Walsh had a good week, even if it was a slow news week.

Jim Gerl has more on his IEP Implementation Hot Button Issue series.

Charles Fox has growing outrage at the new Topic Thunder movie from disability groups.


Friday Fun ... Live video from the Olympics

Google Document Link: 08/15/08 - The New Role

Friday Snippets - 8/08/08: The Eights are Wild.

An anti-bullying bill that includes protections for homosexual and transgender students and teachers is in the New York Senate.

West Virginia teachers file suit claiming they were mislead into investing their retirement dollars into bad annuities. Little tip for teachers ... ALWAYS stick with the defined benefit plan if possible.

WV also having strong discussions about random student drug testing. (Hope someone brought up the 4th Amendment in those conversations).

Arizona special session to fund school vouchers?

And, vouchers will be on the ballot in Florida, pending appeal. Even if they are tied to less controversial measures.

We are still fighting in Hawaii over the teacher random drug testing policy.

Texas teachers are claiming the private school oriented dropout education program resembles vouchers.

Also, teachers in Nevada are fighting property tax increase limitations with procedural matters.

If teachers seem feisty this week, maybe it is because they are not being paid all that well lately.

Arkansas considering defibrillators in schools.

Lotteries and Education ... well, sort of.

We got so many tests, we don't even know what to name them all.


Around the Blogosphere ... it was sort of a slow week:

Jim Gerl composes his letter to the candidates ... thanks to all those that contributed.

Mark W. has the 5th Circuit considering Texas' moment of silence law (I think it will be upheld) and concerning 4th Amendment case on a timeout closet being upheld by the 10th Circuit.

Jen Weissman thinks we should be doing more training for pre-service teachers on ethics and the law. I totally, 100%, absolutely, ... agree. I am happy to report that at UK I will be teaching a course to at least some undergrad future teachers on the law and ethics ... but it should be all of them.

Students like Junior faculty in law school, Mitchell R. cites. Good - hope it works for education schools too.

Karl Romberger reminds us that sometimes state law can go further than FERPA.

Friday Fun?

The next 5000 days of the Web.



Google Document Link: Friday Snippets - 8/08/08: The Eights are Wild.

Friday Snippets - 8/01/08 - Water on Mars

Congress has passed a Reauthorization of the Higher Education Act. Here is Sen. Mike Enzi on some of the details. The President is expected to sign it. 

A Texas judge changes his mind and orders a new language program for 140,000 language minority students.

Voucher advocates funding Georgia legislators. South Carolina and New York too.

The Indiana Court of Appeals throws out a 3.8 million dollar jury award to the family of a teenager shot inside Gary Community School Corp. and orders a new trial.

Evolution is still on the mind of Kansas State Board of Education candidates.

N.D. Law Review taken over by anti-gay marriage forces? Interesting.

South Dakota's school funding lawsuit set for hearing on Sept. 2.

New Mexico gets a Navajo textbook.

Buses go away in California to deal with the budget nonsense.

N.C. schools are finally tobacco free.

I am no longer at a Party School. Damn.

And, we are hurting here in Kentucky.


Around the Blogosphere:

Mark W. has Gay-Straight Alliance allowed in Florida. And, I think, a smart decision out of Washington State on opening the files of teachers accused of sexual misconduct.

Scott McLeod beat me to a hard hitting post
on a school administrator not allowing a student to have long hair. The
student is Native American and has never cut his hair in his life.

Mitchell Rubinstein, with a link to the 11th Circuit upholding a Pledge opt-out statute,
thinks the Supremes are going to eventually hold that students can be
required to recite the pledge. - I might disagree. For one, for the
same reason conservatives are especially fond of the Second Amendment
and deregulation, there is something distasteful about the government
forcing individuals to praise it. Secondly, the "under God" religion
issue really complicates it and makes the outcome of such a case much
less predictable.

Wrightslaw says you can write on the IEP document.

Jim Gerl has IEP Implementation becoming a hot button issue.

And, Howard Friedman has a Colorado Court supporting an administrator that forced a student to apologize for including unapproved religious references in a graduation speech.

And for your Friday Fun: WATER ON MARS!!! - We are getting closer to proving we were/are not alone in the Universe.



Google Document Link: Friday Snippets - 8/01/08 - Water on Mars

Update on Autism Remarks

Charles Fox has an update on the autism rant that outraged me last week. Apparently there has been quite a lot of backlash from the remarks and calls for the radio host to be fired. Radio stations and advertisers have dropped him already.

I absolutely 100% think the guy should be fired. This is no different than the Imus situation, just a different protected class that is being discriminated against and made fun of. Are we not as outraged as a society when people openly discriminate against and ridicule disabled children as we are when they do that to minority children? I would hope not, but here is the broadcasting company's response:

"[We are] satisfied that he did not mean any disrespect to autistic children or
their families but was instead reiterating his longstanding concerns on
public health issues."

Listen for yourself and decide what you think is appropriate.

Friday Snippets: 07/25/08 - The Candidates and Special Education

The transition has begun to the new site. I worked on
building it some this week and it is starting to take shape quite
nicely. I hope to have it up an running by about the middle of next
month - the tentative logo is below.

Also, I have new contact information, including a new e-mail, which you can find here.





Anyway, to the snippets.

School finance lawsuit goes forward in Alabama challenging its property tax system.

Meanwhile, a hearing on the school funding suit in Georgia took place this week.

Schools are being used as a pawn in the California same sex marriage debate.

Parents like single gender classes in SC so there is going to be more of it (but it doesn't make them constitutional).

Also, perhaps school finance reform in SC as well.

Colorado Christian University (where I lived in their apartments once and where the Morning Star Center was founded) won a federal financing decision against the State of Colorado.

They plan to anoint a new flagship
in Texas. I like their style and I wish other states would follow suit
- Illinois, for instance, could use a second flagship (Go SIU!). 

N.Y. school attorneys are still being punished for the scandal. Five more this week.

They are voting for more paddling in Georgia.

They are still negotiating in Hawaii over teacher drug testing.

W.V. considering year-round schooling.

Bible course standards approved in Texas.



And around the Blogosphere this week:

The big news this week is that COPA was ruled unconstitutional by the 3rd Circuit. Mark W. has the details. I will try to read the case next week and give some thoughts.

Mark also has a Florida court requiring parental permission for pledge opt outs. And he thinks there may be some implications of the 4th Circuit court allowing non-denominational prayer at city meetings.

Mike Tully at the Gate has censorship of a student newspaper in San Diego.

Making waves this week was the social networking communications ban. I pretty much wholly agree with Scott McLeod at DI on the issue. 

Mitchell R. has some NY education department decisions that are worth a look. Parent unhappy with teacher. Joint custody residency.



Wrightslaw has "when the school says NO"



Finally, as Charles Fox notes, the candidates have not said much on disability issues (they will speak some to the issue this Saturday ).




So for your Friday Fun ... ASK THE CANDIDATE!! (photo credit: Time)

Jim
Gerl is planning to ask the candidates about Special Education Law. I
want to get 100% behind this idea because I really do feel like we
don't know much when it comes to special education from the candidates.




So, your Friday Fun assignment is to go to Jim's blog and leave a comment with your special education question(s) for the candidates. I plan to do so this afternoon.



And, after that as a reward, you can check out Lori Miller Fox's "You Know When You've Been a Parent of a Child with Special Needs too Long When ..." - Great Stuff Lori.

Google Document Link: Friday Snippets: 07/25/08 - The Candidates and Special Education

Friday Snippets - 7/18/08 - Live from Lexington

First Snippets Live from Lexington:


The Arizona Attorney General is now becoming involved in the Voucher funding issues.



Anti-bullying law discussions continue in North Carolina (more).



Discussions continue on Florida's proposed plan to eliminate property taxes for schools.



Who knows if Louisiana's evolution law is constitutional.



More autism talk. 



A group is seeking to rewrite the S.C. Constitution education clause to mandate that schools provide a high quality education.



Another major teacher strike in the UK - this time teaching assistants and support staff.





Couple ed. leadership stories ...

Education leaders put the onus for school improvement on principals in Arkansas.

New Jersey is reviewing some school administrator's administrative licenses suspecting they came from diploma mills.





Around the ed. law blogosphere:



Jen Weissman has Evan Bayh on Education.



Karl Romberger is in favor of a free agent market for teachers.



Last week, Wrightslaw gave the special education law blog five stars, and it has really seemed to stimulate Charlie Fox who this week has Epilepsy resources, the delicate balance of discipline, and teacher speech issue for speaking out on IDEA issues in her school.  



Jim Gerl has the difference between 2 and 1 tier due process systems.



Mitchell R. has some advice for legal bloggers and possibly getting picked up by Lexis and Westlaw.



Title IX blog has the Office of Civil Rights not buying an attempt to exempt some high schools from Title IX. 





And for your Friday Fun:

Think you know movie titles? Give this game a spin. Enter
a letter to guess the title (I failed my first 5 tries but then got
better quickly).

Google Document Link: Friday Snippets - 7/18/08

Is Autism the next ADHD?

One of the things that happens in a new town is that you search for new radio stations. Personally, I prefer, in order, (1) an NPR station, (2) an AM News station, (3) a sports radio station, (4) a country station and (5) a folksy station that plays a little bluegrass. So far in Lexington I have 1, 3 and 4 done. So, today I was searching for an AM News station. Tonight I took a quick trip to Lowes still tuned to the AM station I was trying out. On the way home I hear the announcer start a rant on how autism is not real.

Obviously I thought the speaker, some ultra conservative wacko, was kidding ... but no. The idiot was serious and went on to say that autistic children were just "fools" and that their parents didn't cure them of being fools like his daddy cured him (riiigght...wow). That America is diagnosing their children as autistic when the problem is really just a bunch of bad parents. - I wanted to spit into the radio in the hope it might come out the other side and hit this absolute ass of a human in the face. When he finished with his autism rant, I just turned it off and didn't even catch his name, which I regret, because I may have sent hate mail for the first time in my life. (If someone heard it and knows the guy, please let me know in the comments). No doubt the moron did not actually have an original thought of his own and just borrowed the thought from this guy in the National Review and took it to the extreme. 

Anyway, after the shock of this wore off, I considered for a minute all the new attention I have been hearing autism get lately. It has occured to me before that I am hearing more about autism lately than I have ever heard within a short period of time. It is beginning to remind me of the attention that ADHD got in the late 1990's and early 2000's. Even your average person on the street had an opinion on ADHD. Heck, I'll admit that at times I have thought there was an over diagnosis problem as I watched my friend in gradeschool go from an active, energetic student that made decent grades to a lethargic blob after they put him on the medicine. It clearly screwed up my friend for at least two years of grade school until they took him off the medicine and who knows what kind of lasting after effects that had on him. I know the medicine was messing with some of my high school students as well. 

But that is ADHD. Not Autism. If you have ever worked in a school it seems there is a fairly substantial difference in the diagnosis, yet the attention autism is getting lately is strangely familiar. We may be at the beginning of a new period where autism becomes a national issue and people begin to spew all kinds of uninformed nonsense that generally leads to chaos which in the end has a negative effect on children. So, those of us that have a say at all, we need to head this off early. I am going to stress autism awareness to my school administrators and I hope all of you in similar positions will take similar actions. 

Friday Snippets - 4/07/08 - New Laws Taking Effect

Got to love July 1. The start of a new year, everything is fresh and hopeful ... at least in school terms. But, July 1 is frequently when all the new laws affecting schools take effect also (more). Not to spoil your optimism.



We are not quite at the "just do whatever you want" point yet with NCLB, but we are getting closer.



An lawsuit over a critical intelligent design e-mail in Texas.



Louisiana is realizing how far out on a limb they went this year. More .
Louisiana certainly gets the award for the most conservatively oriented
new school policies this year. If there is such an award. The young Republican governor there pretty much is pushing forward on every front.



Meanwhile, New Orleans Recovery School District is cutting 180 jobs, 17 percent of its teachers`. 



A coalition to get more money for California's schools has taken to the airwaves.



Missouri is one of many states this year broadening online harassment laws. NY too.



U.S. Supreme Court denies Kansas undocumented worked tuition case.



In Michigan, always a leader in special ed. issues, a parent is trying to create a class of autistic children to go against Blue Cross, Blue Shield. 



West Virginia gets school bus time limits. 



Gotta watch those accountants ... (I am not referring to my wife who is an excellent accountant!).



Hawaii can't figure out who is going to pay for their teacher drug testing program.

Around the Ed. Law Blogosphere


Mark Walsh has all the big news of the week. Arizona and Maine vouchers okayed. The anti-abortion truck ruling. More from the LA Times. And some goodold Milwaukee union signs.



Jim Gerl is reflective on how far we have come since passage of EAHCA.



Charles Fox says we need more from the candidates
on where they stand on IDEIA & NCLB. He has a great point about
IDEIA - I have no idea where the candidates stand on that issue. I can
guess, but it would be nice to hear it from them.



Title IX blog has a school not liable for teacher harassment incident in South Dakota.



Connecticut Education Law Blog has a FOIA case there.



Wrights Law answers questions about school attorneys and walking out of due process hearings.



Jon Becker tells a great story about how Thurgood Marshall impacted his life.



Jen Weissman has Connecticut going to in-school suspensions mostly. This is probably a good idea. She also has Sen. Lieberman's (who is wildly unpopular now for backing McCain) education take.



Mitchell Rubinstien has a not so shocking anymore teacher speech case out of the Second Circuit. Complain about special ed = fired.



Check out this British Church/State case at Religion Clause. Interesting stuff.




OK, for your Friday Fun ...


What else? Enjoy. (If the fireworks are not playing and you want them to, just hit "preview.")

Google Document Link: Friday Snippets - 4/07/08 - New Laws Taking Effect

Friday Snippets: 06/27/08 - Sanding the Floors

An abbreviated, Thursday edition of the Snippets this week
as I am going to spend the whole weekend refinishing my hardwood
floors.


A report on NCLB that showed some closing the the achievement gap made a lot of headlines this week. CEP's website where you can download the report.



4th Circuit: School's don't need to grant access
to e-mail & Website to outside advocates seeking to present both
sides of an issue, even when the school takes a position on an
education policy. Page v. Lexington Co. School Dist.  -- Mark Walsh.



The lead content in artificial turf fields (present at some schools) may be too high.



Pennsylvania has become ground zero in the fight over evolution. The latest salvo: Philadelphia academic institutions are now holding a Year of Evolution to celebrate Charles Darwin's 200th birthday.



The Arizona Republic, perhaps trying to do Mr. McCain a favor (since he doesn't really have an education policy at all), does a bit of a Q and A on what each candidate would mean for education.



Around the blogosphere:



Mark Walsh has the Supreme's decision to limit the death penalty in child rape cases and how it tangentially relates to schools.



Mark also has a post with a ton of links on the rehearing of the California homeschooling case.



Jen Weissman profiles the Gov. of Mass. on education.



Charles Fox puts together an impressive week: Schools using shock treatment on special ed. kids. Call for action on ADA bill. And a good lesson on how NOT to word a report.



Jim Gerl redirects us to a defense of hearing officers, which has photo evidence. Compared to mine, Jim keeps a pretty clean desk.



Mitchell Rubinstein finds the Federal Rules of Civil Procedure apply in IDEA cases
as well. Mitchell is totally right also: The person that suffers when
these claims are thrown out on procedural grounds is the student. Also,
NLRB is putting cases online.



Carolyn Dugas has info on Connecticut's updated anti-bullying law.



And for your Friday Fun: Virgin Galactic. In a couple years, they are going to be making regular trips to space. For only $200,000 you can book your flight now.
Assuming that none of you will be booking your flight, you can at least
enjoy the photos as construction seems to be progressing nicely.





Google Document Link - Friday Snippets: 06/27/08

Cert. Denied

Mark Walsh, who does an excellent job tracking these things, has 3 education cases being denied cert. by the Supreme Court. I was sort of hoping they would grant cert. in the corporal punishment case, but they didn't (and perhaps for the better, considering how conservative this court is, the last thing we need is a Supreme Court opinion validating physical punishments of kids by school authorities).

Friday Snippets: 6/6/08 - I'm an Anti-Dentite

The LA Teacher's walkout plan referenced a couple posts back, will be going forward as a judge denied an injunction trying to stop it.

The Scopes Monkey Trial will not be reenacted in full
this year in the Dayton, TN courtroom where the first drama played out.
(If anyone around Dayton wants to get that on tape and send it to me, I
would love to feature it in a post).

Sneaking in vouchers in Florida. Tisk, tisk. Also, more evidence that vouchers are the hot policy position for young conservative politicians looking to get elected.

NY Times article on Evolution Opponents new strategy.
Don't you just love how this debate "evolves" - and every single story
or article has to use that metaphor in the first paragraph. Must be
some policy on that I am not aware of. (Also: Rubinstein)

We are now in "sweeping under the rug" mode in the NY Attorney Scandal.

Pennsylvania has a new cyber charter school bill.

Here is a school transfer bill for military families that makes a lot of sense to me.

As a person that hates the dentist, mandatory dental exams for children to enter schools is something that just doesn't sit right for me. (ZzzzzZZZZzzzz ZZZzzz ZZZZZZzzz ... god I have an irrational fear of dentists - see below).


And around the Ed. Law Blogosphere
(any of my new ed. tech. readers are encouraged to visit other members
of our little school law social network that I am working to build):

My new Ed. Tech friends will be interested in Mike Tully's comments on this student blogging speech rights case.

Mark Walsh at the School Law Blog has a rare school elections oriented post (don't see a lot of those, in fact in my three years of blogging, that might be the first).

Jen Weissman this week has her take on Obama's Education policies and schools going green (article link ).

Title IX blog has a $19,000 award against the Massachusetts Athletic Association for not letting a female golfer participate in the boys state final.

Couple weeks ago a teacher let her class "vote" an autistic student out of class. It has been making big waves and Jim Gerl weighs in.

Mitchell Rubinstein has a great resource this week: A 50 State compendium of explanations on Open Meetings Laws.



Pamela Parker has a funny (and concerning) school board member story. Interesting group those school board members.



And Jim Walsh thinks the special ed. opt out in the new DOE proposed regulations is a bad idea.



BoardBuzz has the Choice/SES switch becoming official. I recommended as much a year ago ... what took so long?


And your Friday Fun: I am in a Seinfeld Mood and 2 seem relevant today.



First, given my opposition to dentists ... The Anti-Dentite Episode.






And second, I think I was fired from the Ed. Tech. Blogging Community Yesterday ... if I ever even worked there:

Google Document Link: Friday Snippets: 6/6/08 - I'm an Anti-Dentite

Friday Snippets - 5/23/08 - Honoring the Legacy of Brown v. Board

The Headliner:

The headliner this week has to be the passing of Zelma Henderson, the last surviving plaintiff in the Topeka case that eventually was consolidated with other cases under the name Brown v. Board of Education of Topeka, Kansas.
I am not sure the public really gets what these plaintiffs had to go
through in this case with the waiting and the losses in previous
courts, but it was a lot, and these parents in Topeka, Virginia, South
Carolina and Delaware are American heroes and I am glad that as this
case becomes a seminal point in American history that they are being
remembered in the right way. That generation of African Americans put
their foot down in right way and understood that democracies can
change. My greatest hero, and the person I find to be the most
inspiring in American history, is Charles Hamilton Houston ... the man who killed Jim Crow.



In other news:

Louisiana is really in a challenging mood lately. They are still trying to move an anti-evolution bill forward. Also, a New Orleans specific voucher plan is moving forward, although a statewide plan was rejected.

Gov. Schwarzenegger seems a bit lost on the budget situation ... although he still supports the homeschoolers.

Changes to Bible Classes in Tennessee and Georgia. (Hard to see how this is legal).

Also a study finds 16% of science teachers believe in creationism and a quarter of science teachers at least mention creationism and/or intelligent design.

Is there a link between parental home ownership and student performance? This study says no.

Arizona's campus concealed carry bill is dead for this year.

Connecticut appeals its NCLB ruling to the 2nd Circuit.

The Federal Court in Idaho will not force the Idaho Supreme Court to offer a remedy on school finance.

Sort of the hot legislative policy right now is tracking abusive teachers ... and Illinois gets in on the action.

More on West Virginia's Pension System Lawsuit.

Ray Suarez (and friends) discuss the gender gap (video).

NPR on California Teacher Poaching (audio).



Around the Blogosphere:

Mark Walsh has a 7th Circuit search and seizure case and a 7th circuit age discrimination case.

Mike Tully offers some commentary on why prosecutions coming out of the Cyberbullying Mother and Student Suicide incident is a bad idea.

The Adjunct Law Prof Blog has a case permitting a public school teacher to send her kids to private school and that this cannot get in the way of promotion to Assistant Principal.

Charles Fox posts his IEP Planning Checklist (pdf).

Jim Gerl has more on the proposed Special Ed. Regulations.

Title IX blog has some takes on recent sexual harassment law journals.

Pamela Parker has a teacher failing a field sobriety test IN THE CLASSROOM! Yes, Pamela, that would make a great movie scene. Also, test score pressure leading to death threats. Nice job this week Pamela.

Integration Report No. 9.

New education law blog this week: educationlaw by Jen (a writer, lawyer and former state department employee). Here is what it is about. She seems to come at it from more of a journalistic standpoint providing a lot more advice than what most ed. law blogs do. 


Friday Fun: The Burj Dubai

In case you were not aware, the world's tallest structure is now the Burj Dubai ... and it is not even close to finished yet (those things around it at the bottom are large skyscrapers themselves).

Latest Construction Photos from Imre Solt. You can follow the discussion and progress on this skyscraper and the rest of the world's tallest projects (only a few of which are in the U.S.) at Skyscraper City.

I just enjoy looking at this behemoth rise from the desert floor. Thought you might too.

Google Document Link: 

Friday Snippets - 5/23/08

Friday Snippets: 5/9/08 - Not Quite the End of Vouchers

A pretty busy week here at the end of the school year:



A big story this week was the San Diego State drug bust. The student's have now plead not guilty. Frankly, I am a little surprised this does not happen more often. I don't think it is all that difficult so it might be from a lack of trying.



Another big story this week was the Facebook agreement. More from BoardBuzz. Although my ear to the ground says that MySpace is getting more popular again.



More evidence that your school e-mail account is not safe from FOIA. Law Professor e-mails released to public in West Virginia.



The New York Times finally picks up the school lawyers scandal.
Thankfully, this story is beginning to cool down so although I would
classify this is an eruption, it was only a minor one and it looks to
stay that way. Had the times focused on this story earlier, there could
have been a lot more public outcry. (And thankfully (or not depending
on your viewpoint I guess) the Presidential race is drowning out a lot
of stories this year).



Reading teachers in Connecticut are going to have to take a test on teaching reading before they can be licensed.



A House Bill in Louisiana says that kids should not be allowed to wear body armor in schools. (Who has body armor just lying around?)



Michigan, always a leader in special education, might be taking a step back in some districts.



But, I can't be disappointed with Michigan this week because of this good idea from a State Senator: 16 & 17 year olds should be able to vote in School Board Elections. Why not? It affects their lives more than any other.



New Hampshire takes another stab at a school funding plan.



Indiana was not the only state to allow a school funding lawsuit to proceed ... Montana did too.



Service dogs are allowed in schools in Virginia.



More on the Virginia Internet Safety Classes.



No recruiting by Boy Scouts while classes are in session in Greenwich.



As is always the case, in battles between Governors and State Superintendents of Education ... Governors win. Susan Tave Zelman, from Ohio and of voucher fame, is looking for a new job.





And around the blogosphere:



Mark Walsh has a great story
on John McCain and the Newdow case. Interesting to see how that case
has been used as a fear tactic even years after it was decided. Also, 13 felony convictions ... apparently 1 too many to be a teacher. Great stuff Mark.



Jim Gerl does a bit of reflecting on recognizing discrimination and how all of us can occasionally miss it.



The Higher Ed Law Prof Blog shuts down. If you are a higher ed law prof ... I encourage you to restart it. The Law Professor Blogs Network
is a great network and will give you a lot of hits (and some authority)
right away. Sad to see it go, but I could see that coming for a while.



But the Adjunct Law Prof Blog is still going strong. Lots of stuff this week on unions, FMLA, NLRB, etc.



David Hoff has details on the new NCLB Regulations Public Hearings ... go let your voice be heard.



Title IX blogs has details on a sexual harassment case in Texas, which has since been dismissed for lack of "actual knowledge."



I enjoyed BoardBuzz's story on Colbert and Truthiness ... and helping schools.



Finally, an interesting discussion is taking place over at Michelle McNeil's blog regarding vouchers. (1) Greg Anrig says vouchers are out of fashion. (2) Michelle disagrees. (3) Checker Finn weighs in. (4) Greg responds. (5) Michele asks for input (and I gave some and encourage you to do the same). Great discussion though. Michele has been doing great work at Campaign K-12 and I encourage you to add her to your aggregator.





And for your Friday Fun: Check out these amazing pictures of the eruption of the volcano Chaitén in Chile.  It is rare to see a pyroclastic cloud,
but even more rare perhaps to see one so electrically active. These are
probably once in a lifetime pictures, so they are worth a look.



Here is more on the eruption from MSNBC (video). h/t David Kurtz at TPM. 




PhotoCredit: Poppyseed Bandits

Google Document Link: Friday Snippets 5/9/08

Friday Snippets 05/02/08 - Teachers and Bikinis and Keeping their Jobs

Little lighter this week as I was out of town.


Evolution Update: Florida, Louisiana



A little more Jena 6 fallout.



Idaho's District Court is reconsidering what to do to force changes in Idaho's school funding system.



Sometimes the school finance lawsuits pay off handsomely.

An anti-bullying bill in Florida passed the legislature and is expected to be signed by the Governor. BullyPolice calls it the "BEST Anti-Bullying Law written to date" and has the text.



Massachusetts comes out with a new anti-bullying guide.



However, Louisiana's anti-bullying bill hits a roadblock.



Minnesota's House passes an age appropriate, mandatory sex education plan.



Principals have to answer questions in Illinois over their bilingual education programs ... or lack thereof.



Illinois Legislators are protecting your children from the Internet (they think).



Turf v. Grass - Give me the grass.



Scott McLeod sends over the latest hot teacher lifestyle firing. Teacher wears bikini on a fishing charter ... fired. (video)



Scott also has a tennis coach blindfolding students,
putting them in the middle of the court, and ordering the rest of the
team to fire tennis balls at them. Ahh, coaches. Constant legal issues
with them.



And around the blogosphere:

I want to start with Jim Gerl's request for information on the connection between special education due process usage and poverty.
I think Jim is right that there is a connection there and a little
research could probably document it. If I were not so busy Jim I would
look into it with you. Maybe later this year or next year. Anyway, Jim
has hit on a really good research project here and if anyone wants to
help I am sure he would appreciate it.

What I consider the big news of the week is that the Sixth Circuit is going to rehear en banc their NCLB decision. Mark Walsh has the details.
When that decision came down you had to know this was a big
possibility, so now we will see what the full Sixth Circuit has to say.
My guess is that they will go the other way.

Mark also has the end of the Connecticut NCLB challenge & BoardBuzz reflects on the branches of government that are making educational law ... and the one (legislature) that is not.

Karl Romberger gives thoughts on ability grouping in Pennsylvania.

Erin Buzuvis questions the application of Gebser to athletics. The Title IX Blog also has a link to a new study out of Israel that finds co-educational classrooms benefit everyone.



The Higher Ed Law Prof Blog is getting annoyed that teachers continue to be fired for refusing to sign loyalty oaths.



The Adjunct Law Prof Blog has more professors suing students. (Now that I am switching teams ... it sounds fine to me.) Mitchell also has blogs being incorporated into law classes.



Pamela Parker wonders what happened to May Day in Texas schools.



Kevin Carey has the fall of vouchers.

Jonathan Adler at the Volokh Conspiracy calls the recent anti-evolution academic freedom tact academic fraud.



Howard Friedman has a settlement in the case of religious art restrictions in school.





And for your Friday Fun ... you can check out pictures of the house I just bought (more).
It backs to a school, which I like, although I am not sure how I am
going to keep my son off the playground equipment. Also, if anyone
loves to refinish hardwood floors and doesn't mind driving to Lexington
...

Google Document Link: Friday Snippets 05/02/08

Friday Snippets: 4/18/08 - There is Just Something about Coaches and Religion

Your Friday Snippets for Another Week.

Here we go again with Ken Starr. This time he has agreed to take the long running (as in going on 2 decades)
Flores v. Arizona case to the Supreme Court. The case, for those not
familiar, concerns the State of Arizona's implementation of their
English Language Learner program. The plaintiffs contend that Arizona
does ot provide enough funding to properly implement the ELL program so
that minority language students have an equal shot, as defined under
the Equal EducationalOpportunity Act of 1974. Here is a more complete summary of the case. Here is the latest opinion, the denial of an en banc hearing. Here is the earlier opinion of the 9th Circuit ruling against the State of Arizona. Also, funding for ELL was approved this week, but more court documents have been filed
to compel compliance with the ruling. -- With Ken Starr behind it,
perhaps we will see this case be granted cert. also by the Supreme
Court. Stay tuned on this one.



Some in Arizona (apparently it is Arizona's week this week) also don't want any anti-Democratic or non-Western teaching in its schools.



Illinois' State Senate says no trans-fats in school lunches.



At least schools are more important that ballparks (even if that ballpark is Wrigley Field).



Indiana's corporal punishment law was helpful to a teacher who gripped (slapped) a girl's face.



Louisiana is trying to get around evolution (Missouri too) (who isn't these days?) (btw, BoardBuzz has the complete works of Darwin ).



South Dakota's school funding lawsuit will start in September.



Iowa's sales tax plan for schools is losing momentum.



Florida, who is really struggling financially, looks to have a 2 year waiting period before the class size reductions take place.



The Ohio bill that is attempting to permit college students to carry guns is stalling (thankfully - looks like all of these bills across the country are failing).



Kansas has a new cyber-bullying law.



Bullying in an anti-bullying meeting in Missouri?



Some pretty striking expulsion numbers in Las Vegas.



Teachers are striking at some Catholic Schools in NY.




And around the blogosphere:

Probably the big story this week was the ruling out of the 3rd Circuit in Borden v. Sch. Dist. of the Township of East Brunswick
which found that a football coach cannot join his team in prayer for
meals or during pregame prayer. The court found participating in these
prayer activities would be endorsing religion. Mark Walsh at Education Week has more as does Molly McDonough at the ABA Journal.
 
But, that was not out only coach to make news this week. The Kentucky School News and Commentary blog comments on a story
from around Columbus, OH where a teacher/coach refuses to remove a copy
of the Bible from his classroom. The event has triggered local interest
and a 100 person rally for the teacher was held yesterday. The teacher is claiming freedom of speech protection in displaying the Bible (good luck with that) - Richard Day says
"His persistent effort over time to impose his strongly held views
promoting a specific religion smells like ...establishment."

Martha Neil, who has been doing an excellent job following the NY School Attorney's scandal, posts this week
that the probe has moved beyond just school attorneys to all
professional involved in government work. This is bad news for NY
accountants, architects and others, but sort of good news for school
lawyers as they will not be the only ones catching heat and it may help
school lawyers save a little face after this embarrassment.

But, the school attorney scandal was not the only way schools can be taken advantage of, as Mark Walsh finds in an odd mail fraud case.

Jim Gerl has a good week continuing his series on Procedural Safeguards in Special Education with IEE's the topic this week, but also gives us a little personal info about the conferences he attends and the Big Wigs he gets to hangs around with. In all seriousness, nice work Jim in promoting the rural special education agenda.



Mike Tully At The Schoolhouse Gate has word of another bullying lawsuit.



Mitchell Rubinstein has the declining relevance of law reviews ... and law reviews are also moving online, somewhat (finally).
    
Pamela Parker at Texas Teacher Law has an interesting post on how hard to fight when the system turns against you.



Board Buzz has bullying in the lunchrooms, and not how you would expect.



Volume 7 of the Integration Report is up.



Politico has McCain's Arizona Education roots ... and why they are dangerous.

Fordham is now blogging. They also are making videos
(calling their weekly spot the Fordham Factor), which are generally
good and informative, but could use a much better intro. Seriously,
fellas, that intro needs some major, major, professional help. But, I
really appreciate the creativity.

And you may have noticed the upgrades to the blog this week. This blog is now using SnapShots so that readers can preview pages (if you don't like it you can tell Snapshots to cut it out). Also, on the sidebar I have my favorite videos. I just have a few in there now, but I will continue updating that with cool new videos. Finally, I have also added my bookshelf
to the sidebar you can keep track of what I am reading/recommending
(try the physics books, if you get it on tape, it is a great way to
travel across the country).



Finally, a Special Request this week concerning Gifted Education. Marty Nemko,
a contributing editor at U.S. News among other things, called me up
this week and wanted a little information on education law and
plaintiff's lawyers for educational litigants. He is particularly
interested in the way gifted students are treated (or mis-treated in
his opinion) in the United States. Here is a blog post he wrote on his thoughts on gifted education.
I gave him a couple names but really did not have exactly what he was
looking for so I thought I would put it out to all of you. If you have
any ideas for a potential law firm that would be interested in this or
have any other thoughts on gifted education, feel free to leave a comment at his blog or get in touch with him.  This might be a good way for a young, up and coming student's rights firm to make a name for itself.





And for your Friday Fun: A Little Bathroom Humor
(for those of you that know me really, really well, you know I have an extreme aversion to public restrooms). Sorry if it is a little crude ... but it
is funny as heck. Men's Room (below) and Ladies Room

Google Document Link: Friday Snippets: 4/18/08 - There is Just Something about Coaches and Religion

Friday Snippets: 4/11/08 - Cuomo's School Lawyer Net Starting to Catch Fish

Here are the snippets for another week:

At AERA, Kevin Brady, said that his review of the education psychology literature found the highest rates of bullying in middle school girls. I believe it. 2 stories this week: 14 year old is beaten up by 2 older girls & Teenage girls gang up on another student.


The NY School Attorney Scandal has cast a pretty wide net ... and they are getting quite a few fish. Perhaps 90 lawyers in 180 districts (so far) were improperly receiving state pension benefits and other compensation.



The homeschooling protests have moved outside California. "Hundreds" of homeschoolers protested a registration bill outside the Michigan State Capital.


The end has come for decentralized testing in Nebraska. Sad - I always sort of liked Nebraska's policy on this.



A new adequacy lawsuit starts in Iowa.

This Idaho politician being fined for speeding in a school zone is so ironic its funny.

Illinois Democrat's plan to double income taxes on those making over 250,000 failed. But, in Calif. Gov. Schwarzenegger may be leaning toward a tax increase.



The Evolution Debate continues in Florida.



Athletic Equity for Disabled Students passes in Maryland.



Guns and Kids don't mix, period, in one N.C. school -- so no more shooting team. (Gotta say that is probably a good idea).



Remember that big anti-teacher union billboard in NYC, yeah, that doesn't seem to be working.



If you can pay for it, this is a nice Green idea in Ohio.


Forced parental volunteering in schools?


Also, Lee Hochberg for PBS had a nice segment on the deadend that students of immigrants face at the end of high school.   



And, The Civil Rights Project has a new book out.




Around the Ed. Law Blogosphere:

Jim Gerl offers a compelling point about the connection between special education students and high divorce rates among parents. A sad reality.

Mark Walsh has a good blogging week. He has J. Scalia telling high school students they need to be Constitutional Law scholars. While J. O'Connor stuck to the script in addressing the NSBA, which disappointed both Mark and I. Also a Hartford, CT deseg case settlement, but a possible AA challenge in Texas and Oklahoma. Finally, Boyd County, KY winning a challenge to its anti-harassment (for sexual orientation) policy (that poor district has been through a lot).

Mitchell Rubinstein links to this NY Times article that finds many Muslim students being homeschooled. This follows up on a post I made earlier this week about a Muslim oriented Charter School in Minnesota being tarred and feathered. Little update on that post by the way, the school was also chided for not flying an American flag ... also on the front page of Drudge.    



And for your Friday Fun:

This week we are going to go with a music recommendation to spice things up a bit. You HAVE to check out Old Crow Medicine Show. They are sort of an old timey,
progressive bluegrass, rock oriented, folk band - which probably
doesn't do them justice. They are sort of unique but part of a growing
genre of music that sort of combines lots of styles, but still manages
to sound uniquely American. They are just super talented and sort of do
their own thing. Got to love that. This is their song called I Hear Them All:



More Music (this is all uploaded videos, so forgive the inferior audio quality)

Wagon Wheel (probably their most popular song)
Down Home Girl
Minglewood Blues Live (Austin City Limits)
Gospel Plow (from their Woodsongs music hour at the Kentucky Theater in Lexington ... I can't wait to get there).

Google Document Link: Friday Snippets 4/11/08

Friday Snippets: 3/21/08 - If the Fed. Gov. breaks a law and no one cares ... does it make a sound?

An abbreviated version of the Snippets this week as I was mostly out of town:

The Arizona House votes to opt out of NCLB.

The CA Homeschooling case goes up on appeal.

Michigan anti-bullying bill stalls because of inclusion of anti-bullying protections in model state policy for homosexual students.

State constitutional issues are hot in NH (finance issue) and in Florida (pushing vouchers).

The Maine Legislature passed a fairly extensive school consolidation law, but it might be vetoed by the Governor.



Mark Yudof to UC
is official (for about $600,000 plus perks - kind of makes you want to
consider the administrative track in higher ed. doesn't it).



Kentucky doesn't have a lot of good options for dealing with the budget shortfall (NPR Audio) - Grrrreat (rolling eyes).



The other side of bullying litigation - private suits against individual bulliers. (ABA Journal)



Congress is giving record earmarks to higher ed. (I got a few things you can earmark for me if any of you Congressmen are interested).


And around the ed. law blogosphere:

Jim Gerl is soliciting thoughts and experiences on regular ed. teacher inclusion in the IEP team after the IDEA '04 Amendments.

Karl Romberger has a post on the new proposed FERPA regulations.

Mark also has a story up on the Supreme's grant of cert. to Pearson v. Callahan, a case on qualified immunity.



David Hoff's close reading finds that Condi is working for George W. because of NCLB.



Pamela Parker at Texas Teacher Law has some advice for teachers when there are overactive parents.

Mitchell Rubinstein has thoughts on the new anti-bullying workplace laws being proposed in some states, as well as thoughts on the new law school rankings (1) (2) (3)
(Mitchell thinks law students should look at additional factors -
personally, I think they shouldn't look at the rankings at all but
instead look at the data for themselves in the ABA-LSAC Guide to Approved Law Schools). 



Kevin Carey at The Quick and the Ed. makes a great point which I agree with: Technically, the Department of Ed. is breaking the law with the new 10 state pilot program. But, lucky for them, no one complains.



Alexander Russo, who was also at AERA, makes the point that the media are just not digesting education research and rightly says that both sides, the journalists and the researchers, need to do better and that blogs can play an important role
in the improvement of this relationship. (Perhaps I will try to
integrate more summaries of ed. law scholarly research into the blog in
the future).

I met John Becker from Ed. Insanity ... finally ... he an I sat in on a cool session on cyberbullying, which we both offered comments on, after which he saw cool people & NORM from Cheers (I am jealous, I didn't get to meet anyone famous, well, except Jon Becker).



And in tribute to my week in NY: New York, New York.

Google Document Link: Friday Snippets 3/28/08

Friday Snippets: 3/14/08 - Drug Testing and Deer Urine

Here are the Friday Snippets for March 14 - 2008:

The outrage against the California ruling against Homeschoolers begins ... and continues .. (this is not going away any time soon folks) ... and the California Department of Education reassures them nothing is going to change.

Kentucky is moving forward on anti-bullying legislation. (See my video on Indiana's Anti-Bulling Policy at Edjurist Media)

According to this article, a 1/4 of all foundation spending goes to education. (Really?)

Ahh ... parent-teacher conferences ... I remember them ... fondly? (One of my least favorite things about teaching. The format is all wrong.)

Apparently putting deer urine in air vents makes students sick (yes I am one of those that has intentionally put deer urine on myself in the past, it is accepted behavior in some parts of the country, believe it or not).

The election is filtering into high schools.

Some Florida State Senators are tired of kids wearing baggy pants.

Illinois likes charters in Chicago and wants more ... at the expense of "downstate" (as a native Southern Illinoisan, that is the most insulting term).

A Judge in New Orleans hears a controversial desegregation case.   

Strickland and Zelman go at it in Ohio.

Texas considers second chance ... vouchers?

And ... George Carlin riffs on Education in this video (and pensions and power and ... well, its George Carlin) (warning - explicit).

And in the Ed. Law Blogosphere:

First, Mark Walsh has the scoop on the big news out of Washington State where the Supreme Court has ruled against random drug testing of student athletes ... something the U.S. Supreme Court has allowed.

And Mark has also been doing a great job following Louisville's reconstituted racial diversity plan, which won a legal challenge this week.

Jim Castagnera at the Higher Ed Law Prof Blog has a series on Harassment and Hazing. #1, #2, #3, #4

The Butt-Artist case has settled, Jonathan Becker reports at the Gate.

Jon also has a cool look at the digital horse race between states.

You thought national standards were bad, well David Hoff reports that some folks are murmuring about International Standards. (and see AfterEd News second story on the issue).

Mitchell Rubinstein criticizes another IDEA ruling
that fails to award money damages to the special education students and
parents ... even when the school openly admits they are wrong.

Michelle McNeil reports that Sen. McCain may finally be getting a little more help on education - which he desperately needs (check out his autism statements at Education Election.)

And
finally ... sorry ... I am going to waste a lot of your time here, but
I was excited about it ... so ... Full Episodes of the Office (and
other NBC programs) are now available online. Now I will never get the
dissertation done!

Google Document Link: Friday Snippets 3/14/08

Friday Snippets: 03/07/08 - Douche Bag Soldiers & Jury Duty

Well, we are going to try a new feature here at The Edjurist Accord. I
am beginning to get more than my standard 5-6 stories a week that I
want to post to the blog with commentary, so I have decided to put
links to all the additional stories I find in one post on Fridays
(something to help you and me pass the time until the weekend). While I
am at it, I will also sum up the week in the Education Law Blogosphere,
in case you missed any of the important stories my fellow bloggers
posted. If you think I missed anything in educational law news or in
the blogosphere, let me and your fellow readers know in the comments
section.

Snippets:

Martha Neil continues to report on the school lawyer investigation in New York. It has now expanded across the state, to 700+ districts. (Did I call that or what? I told you to be worried about that one. Next thing, look for it to expand to other states).



A settlement allows Bible Classes (or Classes on the Bible) to continue as a public high school elective in Odessa, Texas.

U.S. News has an inside look at Teach for America.



A New York Charter School wants to pay teachers $125,000/year (where do I sign?).



Some (ridiculous) schools have separate lines for the free and reduced lunch kids, so some kids are going hungry rather than face the stigma.



Chief Justice Roberts visited a high school in Bethesda, Maryland
(where he lives) to teach about the Supreme Court (hope someone got
that on tape - would be great to use across the country and in my own
classes).



Chicago and the Feds had a bit of a spat (what else is new) over testing bilingual students in their native language. Feds win - State Caves.



The L.A. Times (quickly becoming one of my favorite newspapers) has a story on the new tactics schools are using to combat bullying.



The Washington State High School Mock Trial Competition seems cool.



ABC News Video on depression in schools and Section 504. (video)

Also around the Ed. Law Blogosphere this week:

The big story was a story on Internet speech where a student called
members of the administration "douchebags" and was then prohibited from
being class secretary. Mark Walsh has the story. Mitchell H. Rubinstein has the legal analysis. And Mike Tully has the criticism.

Board Buzz is buzzing over new interest among states to opt out of NCLB.

Jon Becker At the Schoolhouse Gate found an interesting North of the Border story on expelling a student for forming a Facebook study group.

Jim Gerl is continuing his examination of procedural due process issues in special education.

Mark Walsh also has a case that has homeschoolers upset and a bit on loyalty oaths in American Education.

Michelle Laubin has several Connecticut Legislative Updates: Overview; Asthma Inhalers; Residency Fibs; Military Recruitment Limitations.

And Jim Walsh got called to jury duty for a jaywalking case ... but was upset to be passed over - Sorry Jim. 

Google Document Link: Friday Snippets: 03/07/08 - Douche Bag Soldiers & Jury Duty