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New Hampshire's highest court threw out a challenge to tax credits for businesses that contribute to organizations offering tuition scholarships at private schools.
The University of Arizona has become the first college in the nation to offer a BA in law. A Findlaw article about the program, which still requires the student to attend law school if they want to be a lawyer,...
The National Institute of Collective Bargaining has issued a call for papers. Abstracts are due Oct. 17, 2014 and the conference is set for April 19-21, 2015 in NYC at CUNY. The theme is thinking about tomorrow: collective bargaining and...
The BLS just published a report researchers may find of interest and very useful. As the report states: This report describes the labor force characteristics and earnings patterns among the largest race and ethnicity groups living in the United States—Whites,...
Yahoo Finance posted an interesting article about the best paying jobs of 2014. They report on a survey done by the job portal Careercast.com which utilized data from the BLS. Below is a useful chart published by Yahoo:
DISCLAIMER

The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

Entries in Ed. Law Instruction (13)

Tuesday
Jun112013

New Education Law Blog

It is not that often that I get to announce a GREAT new outlet for education law news and resources, but today I do in the form of the Education Law Prof Blog. The blog is part of the Law Prof Blog network and is written primarily by Derek Black of the University of South Carolina Law School and LaJuana Davis of Samford University with occassional posts by Areto Imoukhuede of Nova Southeastern Law School. You absolutely must add it to your readers (and, remember, Google Reader is going away soon, so please switch to Feedly). 

I feel like this blog was the exact blog that I expected to exist way back in 2004 when I first searched googled "education law blog" and found nothing (and this started this one). I am glad that we finally have a presence at that law professor level (besides with this blog) and I hope that education law continues to be taken more seriously by those in the legal academy. 

Wednesday
Jan092013

Ed. Law Blog Highlight: Education Law Insights

Here is another option for you consumers of education law blogs: Education Law Insights. It is written by Jackie Wernz and Brian Crowley of Franczek Radelet, a firm based in and serving clients throughout Illinois. 

You can also follow along with Jackie's twitter feed at @EdLawInsights

They have been blogging for a few months now and are producing some really informative posts, relevant to those beyond Illinois as well. It is certainly worth adding to your RSS reader. 

Thanks for putting out this information and keep up the great work! 

Tuesday
Mar202012

New Education Law Text Takes a Different Approach

It is not often I review textbooks on the blog. In fact, I am not sure I ever have before. Mostly that is just because I am so firmly entrenched with this one, as it was the one I learned with and even helped a bit on an edition or two ago. Now, I use that one for my principal classes, but do not use a textbook for my teacher leader or undergraduate classes.  

But, recently I was made aware of a new textbook on education law that takes a different approach to publishing, namely, no publisher. John Dayton's new book, Education Law: Principles, Policy & Practice, has taken a self-publishing approach. It is a very comprehensive (480 pages) look at education law. It is also not a casebook, meaning John actually wrote all of the text. There is also a Kindle version coming soon. I have just briefly scanned the book and find it to be very well constructed and particularly strong on constitutional issues. It was clearly a labor of love and I recommend you at least give it a look on Amazon. To those folks teaching law out there, I'm sure if you contacted John he could get you part of the book to review even.

What is really interesting to me about the book, though, is that it signals a new potential path for publishing that changes the game. How, you ask?

(1) First, this type of publishing keeps costs much lower. So much of the price of a textbook is wrapped up in the publisher's overhead costs and not in the actual printing of the book. Pearson, all of those teaching in universities know, has an enormous staff. I have a personal Pearson representative that stops in my office about every three months. That is a salary John Dayton does not have to pay, nor does Amazon, nor does the start-up partner CreateSpace, and most importantly nor do any customers. In essence, all the cost of this book entails is the compensation for the time John spent writing it, the very small amount he paid CreateSpace to help with the process, and the cut Amazon takes. The author, usually the professor, is not in this for the money. There is some money, don't get me wrong, but ask your standard textbook author whether they care about the royalties and I bet they do not. There are so many other, and better, reasons to do it anyway (although I'm not sure vita-boost counts as better). Nevertheless, very few professors are motivated by the royalty money. Bottom line? 

Most popular text in education law: $172.30
Second most popular and one I favor: $110.99
This new textbook: $35.99 

Ask your students out there which one they favor. 

(2) Copyright. As an author, when you work with a standard publisher you lose the copyright to your work. The publisher holds and controls the rights to the future use of the book. This is a bad thing for everyone but the publisher. When a book runs initially, I do not mind the publisher recouping their costs even with a little extra added on for profit. What I do mind is the publisher keeping the rights of that book under lock and key long after their investment as been paid off and the book is marketable. Standard copyright these days is around 100 years. Thus, any traditional book (or journal article for that matter) is useful only while marketable and only to those capable and willing to pay the price (see #1, above).

Take away this traditional copyright game, however, and a whole new world opens up. An author has so many more options both in the near term and in the long term. The author can share the book with whomever he/she pleases. Can choose to use it in their own classes free of charge. Can partner with professional organizations to make snippets public. Can create websites that do so many different things. Can put the text out in ePUB, so it is digital and interactive. Can update the text whenever. And on and on. The long-term, though, is even more interesting to me. Once an author recoups the initial costs, why not release the text to the public with a Creative Commons license? Let the world share and remix and build from the text? Why not? So many awesome possibilities ... that are not behind a 100 year firewall.  

(3) Flexibility - When I write my textbook, I am going to put YouTube videos in it. No, not as some add on CD or some outside website with a crappy URL ... I mean seriously right in the text, sometimes in place of the text, right there seamlessly in the book. Why try to describe Savana Redding's case when she can describe it for herself? Seriously? When the few (and believe me, still few) publishers that have solicited me to write for them hear this, their eyes get really big and they cock their head a bit in confusion and look for an exit. But, I am serious. Traditional publishers ... are traditional. Print offers very little flexibility. Black, white, 8 1/2 x 11 ... that's about it. Digital text is different.

Ultimately, why I wanted to write this post is just to let you know it is okay to think differently about publishing. To have different expectations of authors, publishers, booksellers, and consumers. The inertia in the traditional publishing model is deep and long-lasting. We are going to be printing books in publishing houses for a great while longer. But, it is not the only model now. In niche fields like ours, it may not even be the best model. Certainly this book is a test case and we shall see in a few years the results. But, whether or not this effort is successful, it will not be the last effort (yes, that is a personal promise). Information is different now and it needs to be treated differently. This was one bold step forward along that path.

Bravo, Professor Dayton. Thank you for being a leader.    

Tuesday
Jul052011

Education, Law & Copyright

Here is my latest lecture. This was delivered originally at the KASA Law & Policy conference in June. I rerecorded it for Education Law Association purposes, as I will be doing a podcast for their project to get podcast coverage of most topics in education law. 

Tuesday
Sep142010

"Flipping" Ed. Law Instruction

My friend Karl Fisch was featured by Daniel Pink in a story in the Telegraph on Sunday for flipping his instruction such that students do lecture at home and homework at school, instead of the more traditional lecture at school and homework at home. I thought it was a great story and I highly encourage you to read it. 

But, I wanted to use it to point out that for the last 2 years, I have been using the same model in my education law instruction and I wanted to encourage everyone else to consider doing the same.  This model of getting the content done before they come to class and doing homework and activities in class seems to work really great in our field.

First, we actually have specific content knowledge students need to know, such as what their state immunity provision says. Second, though, much of that content is quite boring (even though weirdos like me find immunity statutes fascinating). Third, that content is quite specialized so we rely heavily on textbooks. Fourth, there are few ways to assess that specialized learning outside of class, so the assignments are dull. And, fifth, that leaves us little choice but to wind up with some type of exam as the main assessment. 

Education law is a perfect candidate to be flipped. Get the content online. Record lectures (I can help you learn how, if you like) and post them. Then build readings around them. You can still rely on the textbook (although I would discourage it), but link to the Constitution. Link to cases. Link to summaries. Link to blog posts. Link to news stories. Link, link, link. Once you get enough links, you'll realize the textbook is not as important anymore. Also, let the students have their initial discussions online. Get the basic questions out of the way. If you must, like I do, build in an online quiz to assure students do the reading and the videos. 

Okay, now, all that work you would have done in class is over with. Now is when things get really fun. In the class meetings (of which you now need fewer) do the homework - the activities, the discussions, the modeling and everything else that reinforces the learning that occurred online. It is much more fun that way and the quality of the course improves. While you have them, you can build points around all those activities, so suddenly you realize you don't need an exam. There are plenty of ways to assess learning formatively in real time as the course is happening and those things add up to enough points that an exam is not necessary. 

Granted, flipping the course like this is more work. Now, instead of just lecturing, assigning textbook chapters and writing and exam, you also have to plan activities, manage technology, write on discussion boards and provide more formative feedback, among other things. But, that is the kind of work that actually takes learning to another level, from consuming to engaging. 

Anyway, I've been doing it a couple years and I am never going back. And, if you are interested, there are plenty of resources to help you ... including me personally. Hope you give it a try. 

Tuesday
Jul202010

Educational Law Information Online - A Presentation to KSBA

Last week I presented to the Kentucky School Board's Association, Council of School Attorney's here in Lexington. I was asked to present on online resources for both educational attorneys and administrators. Below is the presentation that I gave (rerecorded after the session because of technical difficulties). It contains some research Kevin Brady and I did on educational law research as well as my take on how the information revolution is changing how legal information is distributed, focusing especially on what Google Scholar's new inclusion of legal information might mean. The materials and links I used in the presentation are below the video. Enjoy: 

Major Sites for Ed. Law Information

CSBA Summer 2010


(You have permission to share & add content at this location - http://bit.ly/avjQIq)


Introductory Story
Did you know? - http://www.youtube.com/watch?v=pMcfrLYDm2U

Cite for Legal Spending Statistics
Carl Malamud, Berkman Center Interview - http://cyber.law.harvard.edu/interactive/podcasts/radioberkman144

NSBA Insider Article I Wrote on Study- http://www.nsba.org/MainMenu/SchoolBoardPolicies/Newsletters/Insider-May-09.aspx

Primary Sources

Public.Resource.Org - http://public.resource.org/index.html
Bulk.Resource.Org - http://bulk.resource.org/

Google Scholar (check legal) - http://scholar.google.com/

Government Resources:
GPO Access - http://www.gpoaccess.gov/
Thomas - http://thomas.loc.gov/
USA.gov - http://www.usa.gov/
Data.gov - http://www.data.gov/
Kentucky Primary Legislative Sources: http://www.lrc.ky.gov/
 
Sample University Sites:
Legal Information Institiute - http://www.law.cornell.edu/
Oyez - http://www.oyez.org/

Corporate Freemuim Sites:
Findlaw - http://www.findlaw.com/
LexisOne - http://law.lexisnexis.com/webcenters/lexisone/
Public Library of Law - http://www.plol.org/Pages/Search.aspx

Secondary Sources
USC Open Law Journal Index - http://lawweb.usc.edu/library/resources/journals.cfm
Missouri School Law Index - http://dese.mo.gov/schoollaw/
Education Commission of the States Issues Pages - http://www.ecs.org/
Law.com Dictionary - http://dictionary.law.com/
NSBA School Law -  http://www.nsba.org/schoollaw
NSBA Legal Clips - http://legalclips.nsba.org/

Lexis Education Law Wiki - http://wiki.lexisnexis.com/academic/index.php?title=Education_Law

Wikipedia - http://www.wikipedia.org/
Special Education Law Facebook Page - http://www.facebook.com/?ref=logo#!/group.php?gid=44730632067
Education Law Association Facebook Page - http://www.facebook.com/?ref=logo#!/group.php?gid=177576668640
This Week in Law Podcast - http://twit.tv/twil
LawBox iPhone/iPad App - http://www.thelawbox.com/

Blogs

Justia Education Law Blog Directory - http://blawgsearch.justia.com/category.aspx?catid=1889

ABA Blawg Directory - http://www.abajournal.com/blawgs/education+law  
  • Spec. Ed. Law Blogs

Education Law Relevant Twitter Feeds
Justin Bathon - http://twitter.com/edjurist
Kentucky School Boards Ass’n - http://twitter.com/ksbanews
Rich Haglund - http://twitter.com/richhag
The Access Network - http://twitter.com/schoolfunding
Brian Jason Ford - http://twitter.com/BrianJasonFord
Jonathan Becker - http://twitter.com/jonbecker
Scott McLeod - http://twitter.com/mcleod
David S. Doty - http://twitter.com/canyonsdave
Jim Gerl - http://twitter.com/jimgerl
Legal Clips Staff - http://twitter.com/legalclips
Education Law Ass'n - http://twitter.com/ELAOffice
Monday
Feb152010

Ed Schools: Officially Part of the "Problem" Narrative?

Reading my latest edition of Time Magazine this week, there was a story on school turnarounds and the likely components of NCLB. The article was really neither good or bad, but this struck me: 

Of course, the education establishment (i.e., the teachers' unions and ed schools) likes to remind critics that children are not cogs and what works for companies may not necessarily work for schools.

How flippant, that combo of teachers' unions and ed schools. Are we to be demonized the same way as teachers' unions historically have been? Are we now officially part of the "problem" narrative in the media and amongst politicians? I have been noticing an uptick in the blame associated with ed. schools lately and this seems to be just the latest evidence in our eroding respect. 

This is unfortunate. Education schools can be natural allies for change in education, but attacking them in the way teachers' unions have been historically attacked is likely to have an entrenching effect. If you call them the enemy of change ... they might actually become the enemy of change. And even though there are a ton of problems in education schools (anyone that works with me knows how frustrated I can get with some of our arcane rules), folks like me are trying our best to change ourselves at the same time that we help change our schools. I literally lose sleep at night trying to work through all these issues. 

Now, as in the article, are we naturally skeptic of the corporatization of education ... of course. There is no data that shows that Arne Duncan's corporate turnaround efforts in Chicago worked ... and, yes, we actually care about the data. The last administration demanded that we be scientific in our efforts and only commit to changes that show positive outcomes in data ... and we went partially down that path, but now we are being attacked as impediments to rapid, data-deficient change.

I also get that we are somewhat defenseless, and thus easy targets. So, we are going to take some of the heat, rightly so, for the issues in our education system. But, taking heat and being typecast are two totally different things. I'm fine taking heat and working toward change, but I am not fine with being typecast as the evil empire of education.   

Tuesday
Dec012009

Databases and RSS Feeds - Extending Information Flow

Spent some wonderful time today with our education librarian, Brad Carrington. I had a specific purpose related to our College's dissertations, but we stumbled onto an area that I think can be really helpful in the future ... query-based rss feeds from educational datasets.

So, here is the "educational law" query rss feed from the ERIC database ... and ... there are some surprisingly useful things in there. I added it to my Google Reader. You can also search by author, so here is the RSS for "Bathon" using an author search (yeah, I know not a lot is indexed). But, here is the author RSS for Martha McCarthy (which is much more useful). Anyway, you get the picture.

Some other datasets are now incorporating this feature, like dissertation abstracts (login required), but not all are there yet. The legal databases have sort of been there for a while with their alerts features, but I find those less useful than the RSS feeds, which I can have in my e-mail like the alerts, but I can also put in my reader, embed on a blog, put on my facebook page, etc.

Use your own search terms to create your own RSS feeds and then put them in your reader.

Tuesday
Nov172009

Edjurist TV: Episode 7 - Education Law in South Africa, A Conversation with Rika Jobert and Jean Van Rooyen

Had the marvelous opportunity a couple weeks ago to sit down and chat with Professors Rika Jobert and Jean Van Rooyen, of the University of Pretoria's Department of Education Management and Policy Studies. We chatted about educational law, leadership issues, finance issues, preparation issues, etc. It was a great time and our department enjoyed hosting them in Lexington before they went on to Louisville for the ELA conference. Below is the interview and the relevant links:

Interuniversity Centre for Education Law, Education Leadership and Education Policy
Rika's Book: The Law of Education in South Africa (and a new one out as well).
Jean's Book: People Leadership in Education
South Africa Constitution

Friday
Oct232009

LiveBlogging ELA - No Substitute for Networking ... I'm Talking to You Students

Got to talk to a lot of students at ELA today. Writing "students" and talking to them really gives me a weird feeling because just a year or two ago I was one of them. Now firmly and comfortably on the other side, I can admit that I was feeling a lot of the same feelings and asking myself a lot of the same questions (as in, what in the hell compelled me to come to this embarrassing thing?). 

But, like them, I came. I didn't know anyone (but my professor or two) and for the most part I sat quietly in rooms in the corner hoping that no one would really notice me or that I was not getting in any of these "more important" people's way. I did it. I been there. I've sat in my hotel room (not the conference hotel but some cheap Days Inn down the street) some nights with pizza and the TV instead of going out with all the "cooler" people. I watched conversations happen from a distance wondering if anyone would bother to include me. It's frustrating. It's embarrassing. It's humbling. I could think of about a million other things I would rather do than attend an academic conference as a student.

But, students, you are learning and that learning cannot be replaced in any other fashion. It's one thing to know the name Martha McCarthy or Kern Alexander or Charlie Russo or so many others. You can even see their pictures, right? You can read their papers. But, you can't get a sense of the person until you see them. Not just when they are presenting. But, watch them interact in the hallways. Or chair a session. Or at a different table in the restaurant. Their lives were and are no different than yours. You are on that same trajectory - you just haven't had the time to let the line rise from the axis. And, sure, they are doing more important things than you right now, but it's the "right now" clause in that sentence that really matters, not the "important things" clause.

In the academic world, everyone lives in small communities. I don't care if you are Diane Ravitch, every academic lives in a small world. On the entire planet, there are certainly less than 500 people teaching educational law as a career. And, 500 is not that many, especially because there are only about 200 that are really active members of the community at any given time. And, the really crazy thing, the thing I think it takes some students a while to realize, is that we really, really, really care about that community. Think about it. I'm devoting the best years of my working life to educational law. If you don't think I care about that at a deep, fundamental level, your missing the boat. If you have something to offer that community, even a little thing, I will bend over backwards to help you help us.

So, students, as you are sitting the corner of the presentation rooms don't think I didn't notice you. I did. You being at this conference tells me that you have something to offer. And, sure, I probably didn't read your name tag. I might not know your name yet. But, I saw you. I saw your face. I saw you learning. I saw you caring about this community. I thought to myself that person might have something to offer. And, next year, when I see you again, I am going to remember that I saw you last year. I'll wonder to myself which university your at. What your studying. But, our paths may or may not cross. I still may not know your name, but now I am in interested in you. I'm curious what you have to offer. I may ask a friend about you. And, next year (these things take time so you must be persistent), I'm going to make it a point to introduce myself. Ask if you are finishing up or what your dissertation topic is. You have shown me on multiple occasions that you care about this community - and, now, I want to make you part of it as quickly as possible. We'll help you find jobs. We'll help you get pubs. We'll take you out with us to have drinks at the bar - and, now, you'll have a network connected to the broader network, which is connected to the broader community, which is making an impact in changing our world for the better.

That's how it works. You need to be bold, but more importantly you need to be persistent. Inclusion in the network is earned through sustained humility and random flashes of brilliance. There is simply no substitute for networking of this capacity if you want to join the community. So, while you may be on your flight back wondering what it was worth, rest assured you were noticed and you were networked.  

 

Thursday
Oct222009

Liveblogging ELA - Support for Pre-Service Law Grows

The last couple of years, several scholars, such as Dave Schimmel in this article, have argued that pre-service teachers need more exposure to legal and ethical issues before they hit the classroom. Well, at this conference I am seeing that support grow amongst representatives of Professional Standards Boards. Representatives of 2 Professional Standards Boards were in the last session I attended and both articulated support for a more formalized ethics and legal effort in pre-service. 

This is a very good sign and I was highly encouraged. While they articulated that they could not mandate classes that College of Education must offer, they would certainly highly support such an offering. Now, Colleges of Education move very slowly, but if Standards Boards are willing to openly express support for a ethical and legal component in pre-service, then I think Colleges of Education will slowly but surely respond. 

So, the task before us is to consolidate this open support for such a component by having these Professional Standards Board personnel publish this desire as openly and widely as possible. 

Friday
Jul172009

AERA Law and Ed. SIG Open for More Presentations

Just talked with the Law and Education SIG program chair and she confirmed that there is a lot more room in our program for more proposals. So, with the week extension, I am recommending that you should submit something to our SIG - or, alternatively, you should tell your graduate student friends to submit (they could win an award!).

Tuesday
Jun302009

Do Students Dislike Education Law Classes? Evidence from Twitter

Playing around with Twitter tonight. Signed up even (you can follow me at edjurist and/or if you are reading this I should probably be following you, so please tell me you handle in way or another).

Anyway, ran a search for "education law" and "school law" and this is what I got (representative).


I sort of like Twitter because of the personal and honest nature of the posts. But, if this is what people honestly have to say about school law courses, it is a little concerning.

I really don't get why school law courses have to be boring. That is certainly their reputation, and perhaps it is deserved, but it is totally unnecessary. There are so many cool things out there related to education law. Yes, there are stuffy cases ... but the stuffy cases are about strip searches and the like. There are YouTube videos to watch (or make), lots of fun activities, lots of interesting news clippings ... there is just a lot of interesting stuff that, if presented properly, simply cannot lead to boredom.

So, that's one of the reasons I joined twitter. I come across interesting school law related stuff all the time, but most of it is not post worthy on this increasingly scholarly oriented blog. But, that stuff is perfect for Twitter. So, hopefully we can get some other school law profs tweeting and we can collectively take the edge off a little.