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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.

Tuesday
May112010

The Kagan Nomination ... Discuss

Thought I would open up some space for discussion in the comments amongst us educational law types on the nomination of Elena Kagan to the Supreme Court. Since she doesn't have a prior judicial record, it's hard to argue the merits from past cases, so please free form it and just give initial opinions or analysis. There are lots of bios out there right now, but I enjoyed this one

Here's my initial reaction having read about 4 new stories in no particular order (so, large grain of salt necessary). 

 

  • Another East-Coaster ... grumble says the midwesterner. 
  • More Harvard ... grumble says the public school employee. 
  • Something about her smoking the occasional cigar tells me she doesn't take herself too seriously. 
  • Seems pragmatic, which I like, but I do understand the argument from progressives that Democrats appoint pragmatists while Republicans appoint ideologues. 
  • She's got Larry Lessig's stamp of approval (on Maddow too), which you know is going to appeal to me. 
  • Any question who is the party of women these days? Bush = 2 White Guys. Obama = 2 Women.
  • The too academic issue does bother me a little (this coming from an academic). I think it is less a hindrance on the Supreme Court than others, but still there is quite a bit of daily grind in the job of being a judge that she doesn't have experience with.  
  • I'm okay with the don't ask, don't tell stance as Dean of Harvard. It's not that big of a deal. Not like a lot of Harvard kids are enlisting with Uncle Sam anyway. 

 

Overall, I'm okay with this pick. Luke-warm let's call it. My issue is always qualifications, qualifications, qualifications. The Supreme Court is supremely important and it is not a place that we should be playing politics. So, yes, I would have liked to see more of a judicial record, but, on the other hand, I think she has clearly worked hard and risen admirably in the legal profession to arguably one of the top jobs outside of being a Supreme Court judge ... the Dean of Harvard Law. That kind of job you just don't get by accident, so it does give me some faith in her abilities both as a lawyer and as a practical administrator. Of course, on a Supreme Court increasingly dominated by ideologues, we'll have to see how those traits serve her. My guess is not all that well when Justice Scalia launches into one of his famous rants. If I had to guess, I think she will be a consistent liberal, but one that does not take as much of the spotlight. It's a hard task to replace Justice Stevens, but then Justice Stevens had decades to hone his positions and public image. Being only 50, she will have the same opportunity. I think confirmation sails through relatively easily (the women's vote is something I think the Republicans need to pay much attention to here) and by fall we have Justice Kagan on the bench.  

But, that's just my take ... what's yours? And, let's feel free to have fun with this and engage one another. 

Tuesday
May042010

Education "Rights"

Following up on Daniel's recent post on fundamental rights to education, I hereby issue a shameless plug for my most recent piece of scholarship, which is forthcoming in the George Mason Law Review.  In it, I assess the conceptions of individual rights and legislative powers employed in both state and federal courts in constitutional cases, focusing on school finance litigation in the state courts.  Interested readers can download the full-text manuscript draft here

Thursday
Apr292010

School of One - How does it work legally?

As we start to consider a lot of different models of education, one that is getting a lot of play is the NYC School of One initiative. I have had superintendents bring it up to me and it is getting attention in the blogosphere. Here is their overview video:

Program Overview from NYCDOE Teacher Development on Vimeo.

So, lawyers, what stood out to you? For me, it was this phrase "Individualized Learning Platform."

So, when I was teaching fresh out of undergrad I remember talking to one of the senior special education teachers in my building. We were talking about various issues and at some point I mentioned that I liked the IEP concept in special education and thought one day it will probably become the norm across all of education (remember, I was young and naive - okay, I still sort of am). Anyway, I was not prepared for the scolding that ensued. I got a 10 minute lecture on why that would be a horrible idea, that we would all be swimming in paperwork, that it would be utter chaos. So, I sort of dropped the idea. She made some good points and I was already swimming in paperwork just teaching under Title I, so I sort of resolved to agree with her for the time being. Then in law school, as I worked with the State of Illinois on special education issues, I remember thinking how impossible it would be to implement this for all children. We were barely, and I mean barely, keeping an handle on the special education system as it was, it would have literally shut the system down to add 10 times more students to that kind of system.

So, all this talk about the School of One has sort of brought me back to this issue, especially when they use language like an "Individualized Learning Platform." I want to be able to consider the idea and I want to like it, just like I wanted to like it fresh out of college. But, having now seen the stacks of paperwork and hours of due process for some students, I just can't wrap my head around how implementation of such a system would be possible, realistically. From the video they say technology is helping to bridge the gap, but what I saw was a gaping chasm, is technology really going to bridge that? Even if it does and we have electronic student records and we don't do IEP meetings and whatnot, how are we legally going to deal with a separate curriculum for each kid? I don't even know if it is physically possible, let alone practicable. 

So, help me out here. How are we going to do this? Or can we?

Tuesday
Apr272010

AERA Conference in Denver 

If any are you going to the American Educational Research Association Annual Meeting in Denver later this week, I want to let you know about the Law & Education SIG sessions. This is where you will be guaranteed to hear about education law issues. Plus, you will be able to meet other people interested in these topics. 

Saturday, May 1st   Special Topics in Education Law Roundtable Session    

            Sheraton, Grand Ballroom Section 2              10:35 a.m. to 12:05 p.m.

 

 Sunday, May 2nd               Constitutional Considerations in Education Roundtable Session

          Sheraton, Grand Ballroom Section 2                 8:15 to 9:45 a.m.

 

 Sunday, May 2nd               Special Topics in K-12 Education Law Paper

           Sheraton, Plaza Court 3                                12:25 to 1:55 p.m.

 

Monday, May 3rd             Special Topics in Higher Education Law Paper

           Sheraton, Plaza Court 2                                2:15 to 3:45 p.m.

 

Monday, May 3rd             Law and Education SIG Business Meeting and Panel Discussion:

                                       Legal Research and Writing for Emerging Scholars

 Sheraton, Governor's Square 10               6:15 to 8:15 p.m.

Friday
Apr162010

Babies and Update

Okay, been a while since I wrote here. Sorry. But, I have a good excuse (or at least some excuse, probably not a good one). 

MY WIFE AND I HAD TWINS!!! I'm so proud of them and they are just fabulous little kids. They are small (they were pretty early), and they will spend a while in the hospital. I don't want to link to it because I don't really want Google moving it up page rankings, but if you want to see pictures of them, check out bathon dot posterous dot com. 

Okay, other news (sorry, it's been pretty wild lately). Kentucky and UK were selected as a CCSSO National Education Innovation Lab. For now, I am the point person on that effort. We'll see what happens, but I am pretty excited about the recognition that we have been building something positive here at UK and that Kentucky is a state where collaboration makes a lot of really interesting things possible. Talking to superintendents lately, I'm very stoked about some specific initiatives that could help change schooling in Kentucky. I can't release much more than that at the moment, but there is a lot boiling underneath the surface.  

As always, I keep cranking out the episodes of Lab Gab, our new show at UK on educational innovation. Here is the latest:

Also, I presented this argument to a group of faculty here at UK on Wednesday regarding policy change because of technology. Tomorrow, Saturday, I am keynoting a conference here where I will attempt to answer the question that I ended with in this presentation.

Remember, you can subscribe to that content as well. Lab Gab can be subscribed to here. And my lectures and legal work can be subscribed to here. Hopefully within the next month or so, I'll have my stuff more readily available at the Kentucky iTunesU store so that you can subscribe on mobile devices.

Also, just some site issues - spammers have figured out how to break down squarespace's defense, apparently, so I have closed the forum for now. Instead, if you would like to discuss something on education law, let me point you to the ELA facebook page. That is becoming a good place for that kind of discussion. So, if you are not a member of that facebook group, then join. Also, the comment spam is also getting quite annoying, so I am considering the implementation of a solution there called Disqus. The problem with disqus is that it will eliminate a lot of the old comments and it also uses a different kind of sign in, wherein you can sign in through your facebook or twitter accounts. Anyway, I wanted to throw that out there for feedback before I implemented. If anyone has a reason that I shouldn't try implementation, let me know.    

Finally, sorry for the absence. We got some great activities going on here at The Edjurist and we have record levels of readership, so I want to keep my commitment to keep fresh content coming all the time. 

Thursday
Apr152010

Columbine

I had the chance to visit with Dave Cullen the author of the New York Times Bestseller Columbine who was visiting campus to speak about his book. He spent ten years investigating the story of the April 20, 1999 school massacre. The book evolved from his experience as a journalist who was on the scene within the first hour of the tragedy. 

The book contains the stories of both the killers (Eric Harris & Dylan Klebold) and several of the victims (Patrick Ireland, Cassie Bernall, Daniel Rohrbough, & Dave Sanders), as it dispells many of the common myths about what really happened that day, why the murders occurred, and communicates lessons on healing and forgiveness.

Cullen is meticulous in his research and his presentation of the evidence about the events that day and leading up to the killings. He describes Eric as a psychopath who was intent on killing as many people as possible in order to prove his own superiority and just for the fun of it while Dylan was depressed and suicidal but over time bought into Eric's vision of human destruction. The boys planned the attack for over a year and their primary weapons were bombs not guns. Fortunately the main bombs did not detonate. Cullen explains that the boys were not outcasts or part of a Trench Coat Mafia and that they did not target particular groups of students; rather their intention was to kill as many people as possible. Their rampage ended with their own suicides.

The stories of the events that day provide a vivid picture of the chaos that was taking place both inside and outside of Columbine High School--the parents desperately searching for their children, the teachers and administrators grasping to understand what was happening and trying to shepherd the students to safety, and the police attempting to contain the danger and apprehend the killers.

I was enthralled as I listened to the book, in part because it is so well written, but more so because I felt compelled to find out the answers to the questions of what happened and why and what can we do to prevent something like this from ever happening again? It was such a senseless tragedy. I walked away with a lot of answers about exactly what happened and some reassurance that there were warning signs in both boys that significant trouble was brewing. Eric had a website that contained a hit list and spewed his hatred towards the whole world. Both boys were in trouble with the law for theft and vandalism. They actually kept journals and created videos that chronicled their plans. But some of the biggest lessons in the book are about forgiveness and healing and the fact that healing happens faster and more completely when the victims forgive the perpetrators. Ultimately, Cullen advises that we shouldn't rush the healing after something of this magnitude happens.

The book was so interesting, I had to include it in Edjurist. If you really want some legal lessons, the tragedy did spawn a lot of legal action. Here are some of the key legal outcomes:

 

Thursday
Apr152010

Education as a Fundamental Right?

Last week, I had the opportunity to moderate a panel at the Benjamin L. Hooks Institute for Social Change’s annual conference, which was on education this year.  My panel was entitled “May it Please the Court: Legal Challenges and Remedies to Address Deficiencies in Public Education.”  I know, simple topic to cover in 90 minutes.  Anyway, there were 3 speakers and 2 of the 3 primarily advocated for a constitutional amendment making education a fundamental right.  I have discussed this topic in my course as well, providing a copy of the proposed amendment text submitted in Congress in 2009.  As I listened, I was somewhat surprised to find myself wondering, “What’s the point?”  After all, I am critical of the outcome in San Antonio ISD v. Rodriguez allowing for large funding disparities in part because education was deemed to be merely an important right, not a fundamental one.  But, I found myself thinking that maybe the constitutional amendment discussion was a distraction from in the trenches education reform that would impact students.

The conference included other panels on classroom, school, and district restructuring and reform plans; it included in depth descriptions of innovative teacher training and teacher evaluation initiatives; it included an exploration of the role of charters in expanding the availability of quality education.  Each of these other panels seemed to be truly making a difference, but the quest for a constitutional amendment struck me as so divorced from the real life impact on students as to be nearly irrelevant.

One panelist, Lynn Huntley (president of the Southern Education Foundation), made a somewhat compelling case that the quest for the amendment was more important than the amendment itself.  By proposing a constitutional amendment, the argument goes, advocates are able to garner attention in order to make noise about the educational inequities that exist and, having made noise, propose other solutions with substantial impact on reducing disparities.  Another panelist, Gary Williams of Loyola Law School (CA), argued that a movement akin to that which overturned Plessy v. Ferguson should be undertaken in order to overturn Rodriguez.  Inspiring, intriguing, even tempting.  But to what end?  When we get to “education as a right” in class, my students almost universally express dismay at the thought of having educational decisions being trapped in courtrooms indefinitely even as they recognizing the moral import of classifying education as a fundamental right.  It seems that the long-running legislature-to-court tennis match that happens in state courts where state constitutions provide an affirmative right to some form of education would be replicated on a national scale.  Very messy.  Messiness, of course, is not a reason not to pursue something (like overturning Plessy for example), but the drawbacks of messiness should not be ignored.

Anyway, as is probably evident, I have mixed feelings about this education as a fundamental right thing.  What do others think?  Am I missing something?  [note the irony of my criticism of the amendment path as a distraction from in-the-trenches reform ending with a question inviting others to distract themselves from in-the-trenches reform by commenting on the amendment path – sorry]

Thursday
Mar252010

Lab Gab: My New Show

Well, amongst friends back here at the blog, I'm happy to release my new show, Lab Gab. Okay, yes, dorky title but seriously, got a better idea? (And, seriously, I actually am a dork.) It's hard coming up with the name of shows. At least it is more original than what I did here at the blog, EdjuristTV

Anyway, as some of you know, I have been devoting a lot of time lately to a new project here at the COE called P20. Actually, it's called the Kentucky P20 Innovation Lab: A Partnership for Next Generation Learning. You can read more about it here. I think my official title is the Director of the Technology Leadership Lab, but I can't be sure yet. Chances are pretty high this is going to get me fired (anyone need a school law guy with tech skills, keep me in mind!) but it's fun, I think it can help, and we only live once so I'm doing it. Hopefully the twins will be at least a couple years old before the whole thing officially fails and they run me out of Kentucky on a rail, so moving won't be so hard on them and they'll never know the shame their daddy had in the Commonwealth. (Kidding, of course, you Kentucky folks -- don't be so serious!). 

So, as part of P20 we are working with the Kentucky Department of Education on developing a new learning platform using the iTunes U format. Lot's of universities have developed this kind of platform, but P12 is just starting to get into it and Kentucky will be a leader on this front. But, the new platform is going to need a content stream and I had been thinking of starting a new show lately anyway, so I thought I would take advantage of this fortuitous happenstance. I did include a legal component (called "Let's get Legal with It"

So, without further ado .... I present Episode 1 of Lab Gab. 

Risking even further embarrassment, I'd be interested in your thoughts. Good, bad, otherwise. It'll be a weekly thing, so you'll have to endure more of it at least until I generate a substantial audience of it's own.

If you are really weird and happen to like it, you can subscribe to the show via iTunesmirochannels, or just simple old rss (show page) or rss (Lab Gab blog and comments).  

Aren't we living in fun times? When a professor can thoroughly embarrass himself to the whole world so cheaply?

Thursday
Mar252010

School Funding: Where Does Your State Rank?

Education Week's "Quality Counts" publication includes, every year, a chart "grading" the nation's school systems based on several funding factors, including total spending, weighted spending, and equality in resource distribution.  The chart is here.  I find it particularly interesting that states which have experienced school finance litigation ending with a dismissal or judgment in favor of the state are fairly evenly distributed throughout the list.  I also find it interesting that most of the states at the very bottom have not experienced any school finance litigation at all. 

Wednesday
Mar242010

The Long-Awaited Connecticut School Finance Decision

I'll have more to say on this later, but for those of you who remember that the Connecticut Supreme Court heard oral arguments in the state's school finance adequacy case nearly two years ago, the court issued its decision Monday. 

In Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, the court ruled that the issue of whether education funding legislation in Connecticut makes "suitable provision" for education is justiciable.  The Connecticut Constitution's Education Clause provides, "There shall always be free public elementary and secondary schools in the state.  The general assembly shall implement this principle by appropriate legislation."  Conn. Const. art. 8, sec. 1.  

The court first determined that the terms "elementary," "secondary," and "schools" are "ambiguous."  Slip. Op. at 20.  Then, the court held that the word "appropriate" explicitly called for judicial involvement.  Next, extending, by negative implication, the dissenting opinion of one of the justices in the Horton equity case, the court held that the education clause, despite its minimalistic terms, contains "substantive content."  Slip. Op. at 22.  Then, based on the testimony of the "principal draftsman" of the education clause that he introduced the provision to signify the importance of education in the state, the court held that, despite the failure of this draftsman to include terms of quality in the text, his own personal opinions about education should "inform our construction."  Slip. Op. at 28. 

Next, after reviewing the decisions of selected sister states and several public policy considerations, the court held that the constitutional text above, along with all of these considerations, guaranteed the children of Connecticut with an education "suitable to give them the opportunity to be responsible citizens"; that such an education should "prepare students to progress to higher education institutions, or to obtain productive employment"; and that such an education includes four "essential features" (borrowed verbatim from the first Campaign decision in New York): (1) minimally adequate physical facilities; (2) minimally adequate instrumentalities of learning; (3) minimally adequate teaching and curricular offerings; and (4) sufficient personnel adequately trained to teach the subjects.  Slip. Op. at 36-37. 

Finally, the court made two defendant-friendly holdings that could limit the reach of its opinion on remand.  First, adopting again the reasoning of the Campaign I court in New York (reasoning which the Campaign II court arguably repudiated), the Connecticut court held that the plaintiffs would have to establish a causal link between any established inadequacies and legislative action.  Second, in footnote 59 on the opinion, the court adopted a form of a "rational basis" test as a way of determinining constitutionality on remand: Speaking of the legislature and education board, the court stated: "So long as those authorities prescribe and implement a program of instruction rationally calculated to enforce the constitutional right to a minimally adequate education as set forth herein, then the judiciary should stay its hand." 

The opinion is long and somewhat convoluted, but it is not as earth-shattering as it may appear on first glance.  I see this as potentially one more state (after Texas, Indiana, Missouri, Oregon, and Colorado recently) which has held the education clause justiciable, but has imposed a very lenient standard of review.  Considering the language regarding the causal link (nearly impossible to establish) and the footnote calling for rational basis review, this case may prove to be expensive and fruitless on remand. 

Tuesday
Mar232010

The Quick Death of Paper Academic Journals?

Received word today that we are considering cutting subscriptions of around 50 education journals. Since Kentucky is still in a relatively moderate financial position, I have to imagine that if we are cutting library budgets, most other states are as well. How will most paper journals cope with this massive drop in support from public libraries? Well, they might have to cut their print editions, even though they have historically tied the print edition to the electronic edition. This article sums it up nicely:

Once given an either-or choice of print or digital, ACS subscribers made their preference clear. "We saw the purchasing market, starting with the institutional libraries, canceling print to such an extent that, when we got through the last renewal season, it was obvious that many of our journals have fallen below the threshold where you could practically consider printing them as a logical choice, much less an economic choice," Nordin said. "Some journals are printed twice a week, they're hundreds of pages, they include four-color graphics. The economics of print no longer worked."

Could the death be a quick one? I think it is possible that the vast majority of academic journals in 5-10 years will be electronic only. Because governmental budgets are typically behind the broader economy, the downturn in the economy over the past few years has only manifested itself substantially in this fiscal year and for the next few. With these budget cuts, I think paper journals are going to suffer especially badly. They are expensive to purchase and they are expensive to bind. They are also expensive to store taking up space that could be devoted to other things, like computer workstations. They are just cost prohibitive in this economic environment and I think the real possibility exists that once we start rolling down this hill, the decline could be quick. Without those institutional subscriptions to subsidize the printing costs, journals may be forced to quickly respond by going to electronic publication only. 

What does this mean? I don't know. Maybe not all that much. When is the last time you went to the library and sorted through the stacks to find a print edition of a journal?  

Friday
Mar192010

This Space for Sale - Captive Audience Included

Today there is an AP story out about advertising on school buses to help schools make up budget deficits. 

Washington lawmakers considered the idea of school bus advertising this year, and the concept is also being tossed around in OhioNew Jersey and Utah. About half a dozen states already allow bus advertising — including Colorado, Arizona, Florida, Minnesota, Tennessee and Texas.

I'll keep this simple - this is gross and we need to avoid it. The commercialization of schools has always been a slippery slope that we must be vigilant against. The captive, impressionable audience that schools offer is so tantalizing to capital driven business interests that if we give them an inch, they'll take a foot or more.

I don't blame the superintendents that have utilized this method to get more revenue, but state departments or legislatures that authorize this type of activity are highly suspect. Superintendents will always push the envelope of entrepreneurship - but state offices must be responsible for the bounds of acceptability and ensure that we are treating our impressionable youth with caution - lest capitalism commoditize our kids on the government's watch. 

Thursday
Mar182010

Edjurist TV: 2009 Student Expression Cases

It's been a while since I have posted an episode of Edjurist TV, so I was happy to get back behind the camera. Today, I recap the 2009 student expression cases in the United States that I reviewed for the 2010 Yearbook of Education Law, available at ELA. You can see the archive of EdjuristTV episodes, or always get my latest delivered automatically via iTunes

 

The cases cited in this video:

Morgan v. Plano Indep. Sch. Dist., 589 F.3d 740 [251 Ed. Law Rep. 551] (5th Cir. 2009).

Palmer v. Waxahachie Indep. Sch. Dist., 579 F.3d 502 [248 Ed. Law Rep. 579] (5th Cir. 2009).

A.M. v. Cash, 585 F.3d 214 [250 Ed. Law Rep. 56] (5th Cir. 2009). 

B.W.A. v. Farmington R-7 Sch. Dist., 554 F.3d 734 [241 Ed. Law Rep. 41] (8th Cir. 2009).

Zamecnik v. Indian Prairie Sch. Dist. #204 Bd. of Educ., 619 F.Supp.2d 517 [246 Ed. Law  Rep. 80] (N.D. Ill. 2007). 

Corales v. Bennett, 567 F.3d 554 [244 Ed. Law Rep. 1045] (9th Cir. 2009). 

Brown v. Cabell County Bd. of Educ., 605 F.Supp.2d 788 [ 244 Ed. Law Rep. 47] (S.D. W.V., 2009).

Barnett v. Tipton County Bd. of Educ., 601 F.Supp.2d 980 [243 Ed. Law Rep. 269] ((W.D. Tenn. 2009).

Doninger v. Niehoff, 594 F.Supp.2d 211 [241 Ed. Law Rep. 686] (D. Conn. 2009).

Dempsey v. Alston, 966 A.2d 1 [242 Ed. Law Rep. 256] (N.J. App. 2009). 

Miller v. Penn Manor Sch. Dist., 588 F.Supp.2d 606 [240 Ed. Law Rep. 218] (E.D. Penn. 2008). 

Tuesday
Mar162010

Setback for Socioeconomic Diversity Plans

Socioeconomic integration, which for some time was positioned as a race-neutral option that could achieve some level of school diversity without triggering strict judicial scrutiny, took a significant hit a couple weeks ago.  In Wake County (Raleigh), North Carolina – one of the largest district to utilize an assignment plan aimed at socioeconomic integration – the school board voted 5-4 to abandon the plan in favor of a neighborhood schools assignment plan. 

The arguments for and against socioeconomic integration are not especially novel, but they are worth evaluating in order to place the developments in Wake County in a broader context.

Why Socioeconomic Integration?  There are two main arguments in favor of socioeconomic integration plans, one practical and one policy.  The practical argument is that in a world where race-conscious school assignments are strongly discouraged if not forbidden, socioeconomic integration assignment plans have the advantage of removing the likelihood of a plan being struck down as unconstitutionally considering race.  Thus, these plans are far more likely to be upheld than a racial integration plan (at least for school districts that are not under court ordered desegregation plans) and given the unfortunate correlation between race and socioeconomic status, they may still provide some level of racial integration as well, albeit in a race-neutral way.

Second, the policy argument for student assignment aimed at socioeconomic integration is based upon the multitudes of data that high concentrations of poor students do not typically lead to strong schools.  Socioeconomic integration, then, can eliminate schools with such high concentrations of poor students by spreading students of all socioeconomic backgrounds across the district. 

Some go so far as to say socioeconomic integration is even better educational policy than racial integration since it is typically high concentrations of poverty – even more so than high concentrations of minority students – that correlate with poor school performance.  Socioeconomic integration, the argument goes, is better targeted at the problem than is racial integration – and the fact that it is less constitutionally suspect is a bonus on top of that.

Why Not Socioeconomic Integration?  Socioeconomic integration – like all well-meaning education reform ideas – has been criticized as being both too much and not enough.  On the “not enough” side, advocates of racial integration point out that 1) socioeconomic integration does not actually result in a significant level of racial integration; and 2) focusing exclusively on economics discounts the significant role race continues to play in educational opportunity.  They see it as a constitutionally safe solution that will not effectively address the problem of racial disparities in the education system.

In the “too much” camp, critics argue, including those at work in Wake County, focus on the displacement of students resulting from achieving a requisite level of socioeconomic diversity by transporting students across a metropolitan area.  This argument mimics those made against busing for racial diversity and feeds into advocacy for neighborhood schools.  Underlying the argument is the sense that educational quality must be being sacrificed somewhere for the sake of diversity – the most likely losers, it is assumed, are those who had something to lose in the first place: students from wealthier socioeconomic backgrounds.

In Wake County, the neighborhood schools argument seems to have carried the day.  This development is obviously a setback for advocates of school diversity (racial or socioeconomic), but the lesson for diversity advocates is clear and has been for some time: unless the case is sufficiently made that a diversity plan is enacted for an educational benefit for all students (i.e., not diversity for the sake of diversity), then the backlash from those who do not see the personal value to their children will always threaten to swallow good intentions and even good policy.  This happened in the implementation of desegregation following Brown v. Board of Education.  It happened in the aftermath of race-conscious affirmative action programs at the university and grad school level.  And it has now happened with a race-neutral socioeconomic integration plan.

Wednesday
Mar102010

Michigan education summit

I attended the Education Town Hall meeting sponsored by the Center for Michigan this morning. It was very interesting. There were three panels of speakers to discuss the main issues facing Pre-K Education, K-12 Education, and Higher Education in Michigan. The panelists were asked to focus on three big-picture questions: performance, funding and affordability, and innovation. Not surprisingly, all three panels thought that the state needs to make education funding a priority and direct more, not less, funds into it.

The Pre-K panel (Jack Kresnak & Judy Samelson) touted an investment in this segment of education as having a high return on investment. When the audience had a chance to vote, they agreed by saying that if they could only invest in one sector of education, the money would go here. Michigan currently does not have universal public pre-k education.

The tenor of the K-12 panel (Mike Flanagan, David Hecker, Christine Johns, Tim Melton, & Dan Quisenberry) was much more contentious with Michigan's Superintendent of Public Instruction Mike Flanagan encouraging schools to Reduce, Reform, and Reimagine, Representative Tim Melton saying that Michigan's schools need to face the hard reality that our state has lost a lot of jobs and therefore a lot of income, David Hecker advocating for paying for quality teachers and the need to negotiate any changes in teacher contracts, and other speakers pushing the need to train students to participate in the global economy by teaching 21st century skills.

The Higher Education panel (Marilyn Schlack, Nikki Searle, Lou Anna K. Simon, & Cynthia Wilbanks) didn't have a coherent theme. The University of Michigan's representative made the argument that research institutions play a crucial role in innovation and creativity, vital aspects of the economic development of our state. Michigan State University's president discussed its Shaping the Future initiative that has been cutting costs and increasing the effectiveness of the university. The student representative from Grand Valley State University made a plea for more money for higher educational institutions in light of the plight of students trying to make ends meet with high tuition costs.

What struck me the most about this series of panels was the divergent views on how serious Michigan's economic situation is and how it will affect our public education system. Some speakers, most notably Rep. Tim Melton and President Lou Anna Simon, are actively engaged in re-working the system to grapple with Michigan's harsh economic reality. The figures that were given during the event said that we have lost 1 million jobs in the state and that we've fallen from in the top 10 in per capita income to 38th. Other speakers, the ones asking for more money without seriously considering how to use the current funds more effectively, seemed stuck in the past, hoping that somehow more money for education will materialize as it always has. Although that would be nice, I don't think that is going to happen. So, when asked what structural changes should be made to Michigan's education system, the audience said that teachers' health care and pension costs should be addressed (i.e. cut) first. I think this is a difficult choice but one that is going to have to be seriously considered in Michigan.

Thursday
Mar042010

So you missed RttT? A Pep Talk

So, just announced minutes ago were the finalists for Race to the Top (announced on Twitter by @EdPressSec). Here's Arne:

So, Kentucky (surprisingly I think) is in. I started writing this post 1/2 hour before the announcement thinking Kentucky would be out and I would need to sooth some feelings around here. But, while I am happy Kentucky is still in the running, I do still want to sooth the feelings of folks in the other states that applied and missed. So, here we go:  

  1. Don't forget we are living in extraordinary times when the cost of innovation has never been lower. It is easier to collaborate and disseminate now, than at any time in recorded history - meaning the price of the tools that you need to make change in your states is probably close to zero. The cost of the announcement above? Zero. Keep that in mind. 
  2. Many of the changes we need in schools, don't cost a lot. It doesn't cost much to let teachers be more creative. It doesn't cost much to let students use their cell phones as learning tools. It doesn't cost much to get your classroom content in the kids home via Moodle. It doesn't cost much to personalize learning for kids. We think these things cost a lot and they do, but those costs are not monetary costs, they are time and effort costs. And, while I wish we could pay our teachers more too, most teachers are wonderful human beings who would put in that time and effort if our leaders help them in doing so.   
  3. Make your own resources (money, time, & effort)! You need $500 for some new software? Ask your parents. Ask your local grocery store. Hell, ask us at universities! But, when you are asking them, don't just ask and walk away. Involve these people! Let them help run it. Let them talk to the kids. It's amazing how much people are willing to help if you involve them as collaborators (reference point #1). Oftentimes, they don't even want to put their name on it, they just want to feel like they are making a difference.    
  4. Be a leader. I'm convinced the problem in most states is that there are truly not enough real leaders. The kind that understand where real value lies (which is almost always not in the bottom line). If your reading this blog, you know something about technology. That's probably at least 50% more than most of our educators out there. Start with that. Start by organizing a few fellow teachers or principals and talking about whether or not a blog could be useful in a classroom. And, let it roll from there. Step up to the plate people. We need you. And for the love of God, please don't be afraid to fail.     
  5. Help your departments try again. I'm one of those wacky people out there that actually like state departments of education. I worked with them my whole career and those people are good people. But, they function in very tight political spaces. They are almost always overworked. Almost always overwhelmed. So, they need help. Not in terms of writing the document (although they always welcome edits), but they need ideas. They need projects. They need people that can step up and lead a state effort. They need people that can help get the signatures from all the districts in the state. And parents groups. And teacher groups. And business groups. That's just a heck of a lot of work, and they need help. So, want more money for your state? Go help get it yourself. 
  6. Just do it. Just freaking go do it. Got an idea? Just do it. You don't need approval. You don't need authorization. You don't need money. You don't need a policy written (remember, that's coming from a lawyer). Find a way. There is always a way. Yes, maybe you have to sit in a board meeting and explain your plan. Yes, maybe some won't like it. Who cares? Who freaking cares? I tell people around here I don't care about tenure. They look at me funny and think I don't mean it. But, I do. I do not want to spend my life worrying about bureaucracy. I'm going to spend it doing what I love to do, whether or not that meshes with my institution matters little to me as there are a lot of institutions and not a lot of people who do what I do. If you are bringing value to the table, there will always be a demand for you. So, your focus should be on bringing value to the table, not on pleasing your institution. In other words, just freaking do it. The rest will take care of itself.   

So, that's it. That's my pep talk. It was a rough day for education in at least 1/2 the states today, but there is always opportunity in adversity. If it winds up that missing out on Race to the Top causes even a few of you in your state to finally decide to lay it totally on the line and go after the change you visualize, then the better result was missing it. It's not about the money, it's about the kids. And, with all the technology and tools in today's world, it's easier than ever to help them. 

Monday
Mar012010

Would Teachers Read the Law If It Was Available?

Listened to a great podcast from the Berkman Center on open access law. Specifically, it was an interview with Carl Malamud, of public.resource.org fame, on his and other efforts to open up the law. They have a series of upcoming discussions at the nation's top law schools to work on this issue and he will be addressing Congress on the issue in the near future. 

Anyway, one of the main points Carl gave for people opposing open access efforts on the part of the government is that the public won't read the law anyway, and so it is not worth the cost to the government to put it out there. Better to let private companies (West, Lexis) pick up that cost and then charge a fee only to those people that really need access and thus are willing to pay (collectively over 10 billion dollars annually). Now, technologists like me usually scoff at such suggestions, but in this case I want to pause to give it a bit more thought, and specifically, to see whether you think teachers would use the law (statutes, cases, regulations, board policies, handbooks, 100% of everything) if it were available? And, if they were to read it, how would they use it? 

I personally have very mixed feelings on this having taught teachers and principals how to use the law for the past few years, but I am much more interested in your thoughts. 

Saturday
Feb272010

Twitter Thing Not Going Away

The U.S. Department of Education announced today on their own twitter feed that they will make an announcement on Race to the Top on their press secretary's twitter feed next week. That's right, multiple twitter feeds with different streams of information are flowing out of most organizations of import nowadays, especially educational organizations. And, because it is interactive, you can ask them questions and get replies, like my friend Bud Hunt did re: Race to the Top. 

What's that? Not on Twitter? Still getting your news the old way? You've not built a Web 2.0 personal learning network?

That's cool. Your reluctance to embrace these new technologies ensures I get to know the news first and I get to have more conversations with more people in the education world. You see, Twitter is a professional hangout these days. Twitter, especially Twitter, is not a teenager melodrama hub. It's a place where real people in the education world are sharing real information with other real people. In fact, while law embraced blogging in a big way that education generally did not, to me it appears that education is embracing twitter in a way that the law is not.   

So, luckily for you, I'm in a sharing mood. Here's my Twitter Primer for Professors. For you ed law types out there, start with following @ELAOffice, @legalclips, @jimgerl, @canyonsdave, @mcleod, @jonbecker, @BrianJasonFord, @schoolfunding, @richhag, @schlfinance101, @EdEquality, etc. (don't forget me), and go from there.       

I really hope that you'll join me because it becomes more useful for all of us when more of us are sharing, but if you do not, it's your loss because this thing, and lots more tools like it, are only getting bigger and more ingrained in our society every day. And, those of us tapped into those fresh information streams have a serious competitive advantage in an information industry.  

Thursday
Feb252010

ELA Proposal Deadline 2010 - Last Reminder

Photocredit: poyangThis is just the final reminder to submit your proposals for the Education Law Association Conference this weekend as they are due Monday. I talked with The Edjurist's own Kevin Brady today, the outstanding program chair for this year, and he said he was pleased with the submissions so far. He said he was especially pleased with the number of law professors submitting as well as the number of higher education law proposals, including quite a few from attorneys. That's due to a lot of effort on Kevin's part, AALS's Education Law Section, Cate Smith, Rob Garda, and others, but I also think we here at the blog, especially Scott Bauries, had something to do with that.

Vancouver looks amazing and I can't wait to get there. Talking with Brad Colwell, ELA's President this year, he said they were building time into the conference during the day to enjoy the city, which I can't wait to experience. So, package deal here, boost the vita, fun with friends and a amazing city to visit. 

Last thing, subscribe to ELA's Facebook Group and Twitter Feed

Sunday
Feb212010

Free - Thoughts

So, finished up "Free: The Future of a Radical Price" this weekend. First, it is free in audio, if your like me and increasing addicted to your iPod for learning, try it out. The book was published in 2009 by Hyperion, and Chris Anderson (the editor of Wired Magazine) is the author. 

So many thoughts coming out of this one. To save the suspense, I'll go ahead and rate it 4.8 out of 5. The minor deduction was for the early chapters, which I felt were a bit dry and didn't really hook me in. But, after it got rolling, it really was fabulous and certainly, certainly worth your time. 

Now, like after I finish any book, a plethora of ideas are floating around in my head, so let me try to get a few of them down on ... well, in bits anyway. 

1. Free as a business model: It only works if there is something else with which to make money. But, if there is something else with which to make money, free as a business model almost certainly must be included in any planning. Something these days, should always be free. 

2. Understanding Atoms, Bits, Information, Knowledge and Neurons. There are some critical points in this book related to these topics. Atoms are physical things. Bits are not, mostly. To make an atom there is a cost involved. To make a bit (like this blog post), there really isn't one worth measuring. Information mostly does not need atoms, especially when you take away the paper. In this way, the information contained in bits on the Internet is not all that different than information contained in electrical impulses in neurons. What is different between those two is typically how that information is put together in a way which we may call knowledge. 

The instinctual price of information is zero, or free. Thus, as bits continue to make the production and storage of information easier, the price will continue to fall until it is to small to measure, which we'll consider free. The instinctual price of knowledge, though, might be different or it might not. And, that has some pretty important ramifications when you are in a knowledge industry. 

3. Higher education's business model is wrong. As those of you in Kentucky know, I have been spending a lot of time thinking about the higher education, specifically the college of education, business model lately as we build the Kentucky P20 Innovation Lab. Anyway, even before reading this book I was convinced the business model was wrong, but now I am more certain of why it is wrong. Higher education is pricing what it should be giving away for free: undergraduate education. Higher education's business model is to maintain relationships with some number of students for about 4-6 years. During that time, the University extracts the highest tuition possible and then pats the student on the butt and gives them their piece of paper. Relationship = over (besides maybe rooting for the basketball team). This is a bad business model. Universities would profit much more if they found a way to maintain the relationship with the student throughout their life, building in a pricing structure for the continuous information exchange the University offers. If this were the pricing model, undergraduate education should be free. It is the entry point at which you start the relationship, thus you want the highest number and best quality of relationships possible - free accomplishes that task, especially when everyone else is raising tuition. This initially free pricing structure works better from a number of angles, not the least of which is that the student pays when they have ability to pay, reducing the initial debt load on students and permitting universities to charge higher prices over time. Anyway, there are more points to it, but stop and think about it (let me know your disagreements, if you would please). 

4. Universities are the most well positioned entity to thrive in this economy: As if the previous point didn't cause you to question my sanity, this one will push you even further. I am not going to belabor this explaining all of the details of my thoughts here (this is again something better served in an article when and if I get time), but again this book reinforced an idea I was already quite set on. Universities are unique in that they are governmental, but also entrepreneurial. They can make, and hold, money. They can hold billion dollar endowments and make interest off of them. They can set up corporations. They can run hospitals. They can run golf courses and they can run basketball teams. And sell merchandise for all of it (and even do some advertising within it). All that, though, is just icing. The main point is that they are in the information business and, in a lot of ways, are the world's greatest content producers (yes, even greater than Hollywood and Newspapers now-a-days). Being a respected content producer (like most Research I Universities are) puts them in a very valuable position in an information economy. Also, although Universities are beholden the almighty dollar, they are less so than business. I get paid less than my peers in the legal world, because I value the return on reputation more. Increase my reputation, and you will increase my satisfaction in my position, with or without a raise. In that way, we are not so closely tied to money directly, as I don't value my work by the number on my monthly checks. In an information economy, though, while money may be scarce, reputation is abundant. This blog increases my reputation in both the law and education fields, and thus I publish it for free (even taking a not insubstantial loss on my part in hosting and software fees). This type of transaction, multiplied millions and millions of times, puts universities in a prime position to capitalize - that is, if they can muster a sufficient business model (see previous point).  

5. The future of schools may lie in Universities' ability to understand free: Because of their content production nature, their ability to pay global experts affordable salaries, their ability to be entrepreneurial, their ability to subvert some regulations, their ability to partner with K-12 and other capabilities inherent to both government and business, the future of our schools may be dependent on the University's ability to participate in a meaningful, but cost efficient way. Cost efficient may mean free, or it may mean cheap, but either way it must mean less than what business would charge if given the same task. Undercutting private business is not something that Universities have historically done well, but it is something they have every natural advantage to do if they get out of the industrial model of higher education, and into something a little bit more suitable for the information age. If and when they do, they will be juggernauts because they will control a lot of very high quality content. How they manage to release that content will be key. They need to be able to release it for nearly free, but they also need to find a side business that is profitable. Perhaps a freemium model of some sort. But, if they do figure it out, they can push an enormous amount of high quality content to our K12 students for little cost, this can both strengthen the transitions between high school and college, but more importantly it can free up a lot of teacher time that can be reallocated to personalized learning and activities in local classrooms. 

Anyway, those are just some initial thoughts, but ones I wanted to share. It was a great book. I listened to much of it twice and I can't wait to listen to it again (why not, it's free).