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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 from July 1, 2010 - July 31, 2010

Friday
Jul302010

Rubber ... meet Road: Leadership Day 2010

It's leadership day again, something that is quickly becoming a CASTLE tradition. My previous leadership day posts are here and here. This year, I thought I would keep it simple and just reflect on a year's worth of statewide reform efforts here in Kentucky and some lessons learned and challenges ahead as I helped to lead this effort.  

I've not posted much about it here on the blog, but for the last year I have been dedicating a TON of my time to a new reform effort in Kentucky. It's sort of hard to put a name on it, but over time we have been branding it as the Kentucky P20 Innovation Lab: A Partnership for Next Generation Learning. We have national partners, state partners, school partners, university partners, and state government partners. Amongst all the partners a sense is starting to emerge that something significant is possible in Kentucky. Not small steps, but big steps. It may seem an unlikely place, but I promise you it is about perfect. It is neither too large nor too small. It is not arrogant. It has the right leaders in place. It has support in Washington, even without Race to the Top. It has the right internal political climate. It has universities on board. It has some money. And, mostly, it has done this before so everyone can believe it is possible again. 

So, in Year 1 we made amazing progress. We have the state excited about our effort and we generally have support from many necessary parties. We have identified some projects. We have won a national competition. We have funded 11 working labs. We have hired multiple staff. We have held statewide conferences and a meeting of the Governor's Taskforce. We have been the in the major state newspapers multiple times. On just about any measure, Year 1 has been a success. I am proud of my role in that effort and those accomplishments. I have worked on statewide projects before, but this the first time I am clearly a leader on a statewide reform effort so I want to share some of the lessons I learned in year 1 and some of the challenges I see coming in year 2.

Lessons Learned  

  1. People are most important. In Austin a few months back when we were working with the Stupski and CCSSO folks they asked us to really narrow down the issues we were facing in Kentucky and potential roadblocks that we needed to address. After some tense conversation (see point 5) we really and unequivocally honed in on the fact that everything was either possible or impossible based on people. Not money, not time, not partners, not laws ... people and people by a longshot. Everything else can be negotiated with the right people. 
  2. People need a plan. A real one, with the right other people involved. In the first 9 months or so of this P20 project, I spent almost all of my time building real plans that existing folks in the system could understand and participate in. It is an intellectual battle more than anything else to first convince people big time change is possible (don't underestimate the number of folks that have simply given up on such change) and second convince them that working together down a common path makes sense. To do this kind of very hard persuasion, you need a real plan and then you need other people to vouch for that plan. This is hard and takes time, but you must maintain patience through this phase. Meetings after meetings after meetings, most of which don't move the needle all that much. But, when a critical mass of people start to develop around a plan, they begin to vouch for it amongst themselves and jump on board. 
  3. Big can be better. People like big ideas and naturally seem to gravitate to them. A statewide reform idea has to be big by nature or I don't think it will work. The idea has to be big enough that everyone can see themselves in it, from teachers to state leaders. Plus, the bigger the plan, the more the credit for it can be shared. We benefited greatly so far because our idea has been bigger than UK alone. Other universities can find a role in this plan and take leadership roles, even getting credit for components of it. Sure, big is harder to manage and harder to deliver, but just like gravity, the bigger the idea and plan, the more people that can naturally gravitate toward it.   
  4. Time works against you. Just accept it, there is not going to be enough time to get even 1/4 of what you want to or think you can get done. As statewide reform unfolds, some people are going to wind up disappointed, but make sure you at least complete some projects. There has to be something to point to, even if that something does not please everybody. So, build in enough time to at least get a few projects finished.  
  5. Tense conversations are usually good conversations. So, coming out of law school I was quite used to tense conversations. One (generally) learns how to disagree without being too disagreeable. But, educators are not at all used to tense conversations. After some of the tense conversations in the past year, the educators in the room came out thinking I was some sort of jerk. But, avoiding the tense conversations just prolongs the agony and wastes time (see point 4 above). And, after a few days or weeks, usually those same educators come up to me and thank me for addressing the real issue in a way that helped us move forward. 
  6. Branding is critical. My nemesis on campus here is UK PR and we butt heads most frequently over branding issues. Branding is as much political as anything else because it is a statement of ownership - and people feel like they need to own things or at least feel comfortable with their 5 second analysis of who owns it. I don't exclude myself from this feeling as I have consistently fought for independent branding from UK, which, of course, annoys UK PR. Just be aware that branding is going to catch you off guard in the amount of time, thought and effort you need to put in it. 
  7. Want to know what's going on ... build a website. I'm convinced that there is not a healthier process for organizations, especially start up organizations, than building a website. The categories, the colors, the clarity ... it's all there. You have to know who you are before you can tell others who you are. I'm not happy with the current P20 website (or our story), so for the last few months I have been working on a new website (and a new story). For instance, initially I used yellow based colors with a smattering of blue. But, this gave an impression that P20 was too distinct from the COE, which uses a distint style of blue. So, we switched and learned something about ourselves in the process. This will happen a lot as you build your movement's website.  
  8. Sacrifice and Bravery (and Stupidity). Every time you want to do something different and keep your job, it is going to involve risk. Something is going to have to be sacrificed and to do so it is going to take bravery on the part of the reformer. For me, this has translated to neglecting traditional tenure requirements. Now, I'm not a total idiot so I am planning to clear the tenure bar, be it traditional or not. But, rest assured, my levels of traditional productivity could be much higher. This neglect might cost me money and it might eventually cost me my job. But, it is a risk I am willing to take. And, you must be to. At least 1 person has to roll the dice. Some people are going to call you stupid under their breath and in rumors ... that's when you know you are in the right zone. When people tell you that you are stupid to your face ... pull back a little. But, either way, they are going to be right and what you are doing is going to be stupid by traditional measures. Just remember, those measures are measures of value ... you bring value to the table and you will be fine (whether or not it is in your current position).
  9. You got to believe. If you don't, no one else will. That cannot be overstated.  

Big Challenges Ahead:

  1. Translating talk to tasks. We have talked a lot this first year, but it has only been the last couple months we translated any of that to actual tasks that we are working on. The time for talking is not over, we are still going to need to do plenty of that, but tasks need to take a much larger percentage of our time. 
  2. New value models. For a big reform to work, it will have to change the economic system at some point. This includes both the economic systems surrounding money itself, as well as the value systems placed on people and their work. For us at the COE, we need to change not just the monetary economic model, but also the tenure and promotion model. Yeah, that is a doozy alright, but this canot be done without it. 
  3. More people. In year #1 I would say the P20 organization grew something around 1000%. We went from about 2 people dedicated to this project to now a little over 20, with several of those being full time. To work, we are going to need to see that kind of growth rate continue for the next couple years, but the problem with percentages is that the higher the number, the harder it is to sustain similar levels of growth. As in, the only way to sustain such growth is for the new people to bring in new people. While I and a few others worked hard this first year to get that kind of percent increase, a centralized recruitment effort is simply not feasible going forward. We must find a way to decentralize this effort. 
  4. Putting tech. to work. To accomplish some of these big challenges, technology is going to have to do some of the heavy lifting. This is education, we can't simply pay our way to change. So, we are investing heavily in tech. development in the hope that we can compensate for some of those resource shortages with our technology tools. 
  5. Buying time. Promises have been made, partners have been wooed, and the expectations have been set. We can fulfill a lot of those promises and reach a lot of those expectations, but now we need some time. We are going to have to keep people interested while working feverishly on deliverables. But, it will take some time, so one big task is to get the time we need from as many parties as possible. We have a couple of small victories that should hit in the next month or two, but the big victories are still at least a year or two away. 
  6. Patience and Dedication. That's the critical combo, in my opinion. It is easy to say, but very tough to execute. There are going to be plenty of distractions and plenty of opportunities for frustration. We have to keep our eye on the ball. 

I am sure there are a host of other tips and challenges I could have addressed, but those are some that come to mind. This kind of statewide reform work is hard work, but I am convinced it is possible - and, I am also convinced that the time is right to try. I'm tired of talking about the need for reform - I feel it is my generation's task to actually do it ... or, frankly, die trying. I'm willing to lead on this ... will you join me? 

Monday
Jul262010

A P20 Presentation to KASA with Dean Mary John O'Hair

Dean O'Hair and I presented on P20 to the Kentucky Association of School Administrators last Thursday at the Galt House in Louisville. As always, I recorded it for later viewing and, remember, you can subscribe to all my lectures on my iTunes channel

 

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
Thursday
Jul152010

Law v. Lore in Teacher Tenure

Perry Zirkel filled in for Valerie Strauss at the Washington Post blog, The Answer Sheet, a couple days ago and wrote a provocative post about the law v. lore in teacher tenure. Perry (who I love is jumping on blogging - what a perfect medium for him) makes some great points that the law of teacher tenure is not as ironclad against dismissing teachers as most educators assume. I teach this to my future administrators all the time. Perry also makes a good point that litigation resulting from dismissal cases frequently goes the district's way. Certainly, as is almost always the case, the law is geared to support the school in these cases. So, as is always the case with Perry, he makes some great points and actually points to data to back it up. 

But, I have 2 small issues with how Perry frames this issue and a different recommendation as to how to achieve the desired result. 

First, I think Perry himself also inflates what tenure actually is legally.  As a legal matter, it is simply a contractual automatic renewal provision - and nothing more. For me, tenure is even less than what Perry described, as the due process that is associated with the tenure system is, really, in addition to and distinct from this simple contractual provision. Thus, even Perry in his post I think unnecessarily inflated what tenure really is as a legal matter. 

But, second, whether it is law or lore or something else ... the existing, practical, everyday policy of teacher tenure is construed as some type of block against dismissing teachers. Educators that have practiced, and certainly those in union districts, know the power and reverence the word tenure conjures in most educators. If the law is that substantially different from the everyday policy, then can't we say there is some type of problem with the law? I would argue that the law is not what is written but what is implemented and it is the lore of tenure that is currently the law in schools.

I, too, personally sort of like the black-letter law behind teacher tenure and I think if it were properly implemented as written and understood by lawyers we would have a very different dismissal system in schools. But this law has been around for a long time and if we don't have a proper understanding of it now, how can we assume that there will be a better application in the future?

Thus, for me, perhaps the best solution is just to simply delete the word "tenure" from the process and change nothing else - including the written law - thus supplanting the lore back with the actual law. If the law is simply a contractual automatic renewal provision, why can't we say a teacher has achieved automatic renewal instead of using the word tenure? All the mental baggage is then gone and dismissal is viewed, properly, as the distinct process that it truly, legally, is. That would allow us to move on to debating the real issue, perhaps, that is the due process provided to teachers by states and union contracts. Slightly adding or subtracting to those due process procedures is a much easier, and more politically palatable, option for reform than attacking the legal lore of teacher tenure. 

Tuesday
Jul132010

Summer Break

So ... clearly we are on a bit of a summer break here at the Edjurist (well, for me a twins break, anyway). Its been a couple years since the blog has had a vacation, so hopefully you'll be forgiving. We'll be back in full this fall and sporadically in between. In the meantime, don't forget about our friends around the web. Check out my ed. law blogroll and give them a chance to impress you in the meantime. Also, don't forget about our friends in the CASTLE blogging team. Finally, I'm still quite chatty on Twitter, so you can check that out or, even better, jump on and chat with me (especially if you are on at 2 am and willing to distract me from giving bottles).