NASSP Principal's Online School Law Guide

Today The Edjurist is announcing a new relationship with The National Association of Secondary School Principals (NASSP). I was invited a couple months ago to join an effort to build an online school law guide for principals. Well, yesterday that effort officially went live and is now available. About half of the modules are currently complete and the rest will be completed shortly. To access the modules themselves you have to be a member of NASSP, but you can view the overview without being a member. Here is the video introduction Jon Becker and I made about the Online School Law Guide.

The Edjurist blog is an important part of this relationship because this will be the place where NASSP principals can go for continuing information on education law and it serves as a place where principals can engage in a discussion on legal issues that affect them. I have added a link to the Online School Law Guide to the sidebar, so feel free to click over any time and access the materials.

Does Privledging Male Teachers in Hiring Constitute Illegal Discrimination?

My sharp as a tack ed. law class asked me the other day whether the privledging of male teachers in hiring decisions in schools constitutes discrimination. The short answer here is yes, it does. But, let's break it down a little. 

It is certainly no secret that education has a lack of male teachers, and doesn't really know what to do about it as my friend Shaun Johnson notes. Less than 10 percent of elementary school teachers are male, according to the NEA in 2003. It is also no secret that men are privileged in hiring decisions by principals simply because they are men. When I was coming up the teaching ranks I was frequently told that "I would have no problem finding a job because I was a man and we needed more male English teachers." Even when I was hired in a public high school I was explicitly told that "It was nice I was a man because I could relate more to the students" (I taught a lot of behavior challenged boys). So, it is out there and I don't think anyone that's been in the schools would seriously dispute that.

So, let's look at the underlying legal issues here. First, think about discrimination broadly. The question is not whether there is discrimination (there always is some form of discrimination conceptualized broadly), but whether that discrimination is illegal. We discriminate all the time, but usually all we need is a rational reason to do so. We discriminate by college attended, for instance. We discriminate by grade point average. That's fine. The college you go to or the GPA you earn are not protected classes and thus all we need is a rational reason to discriminate using those reasons under the 14th Amendment's Equal Protection Clause. But, sex is a protected class in America under Title VII. In fact, here is the language:

Title VII of the Civil Rights Act of 1964 via kwout

So, when you have a protected class at stake, such as sex, we have a different test to determine whether the discrimination is illegal. Specially we ask whether there is a compelling reason to discriminate and whether that discrimination is narrowly tailored. Let's try this test out: Who should supervise the girl's locker room? There is a compelling case to be made that only a female teacher should do so. If we discriminately hire only female teachers to teach girl's P.E., but limit ourselves only to P.E. the courts are going to say that is fine because there is 1) a compelling reason to discriminate and 2) the policy was narrowly tailored. Okay, see how that works? Well, let's play the same game with male elementary teachers. Is there a compelling interest to hire male teachers? Is there a reason that only a man should teach second graders? No. Is there some potential benefit? Absolutely. But does that benefit rise to the level of a compelling interest? Absolutely not. Thus, if you are using sex, namely maleness, as a basis in your hiring decisions, you are illegally discriminating against female candidates.

So, there is the law behind this and why it is illegal to base your typical hiring decisions for teaching positions on maleness. There is no affirmative action for male teachers. If you have a more qualified female candidate and you privledge the less qualified male candidate (even though you have good intentions), you could be successfully sued.

So, what to do about this? Well, here are a few suggestions, although I am sure there are lots more. 

1. Take advantage of the men you do have. When I was teaching, because there were few men in the school, I was asked to take boys aside from time to time. I did it and it was fine with me.
2. Support your female teachers. There is a difference in levels of authority associated with different sexes and men naturally get more authority associated to them by young boys - it is unfortunately still part of our culture. But, that doesn't mean that only men can be authority figures - women can also and administrators can help by making sure they themselves are associating just as much authority in their female teachers. Kids pick up on these things.
3. A dad's club. Listen to Peg Tyre talk about it and it makes a lot of sense to get more of a male presence in the school.
4. Use coach's to your advantage. There is a lot of discrimination in sports, moreso than perhaps any other area in the schools. In fact, we had to pass a whole nother law about that. But, the fact remains that there are men accessible to schools in the coaching ranks. Volunteer dads, assistant coaches, referees ... these men can be allies for schools and help convey a consistent message with the administration. 
5. Tap into male dominated fields. Invite an engineer to your science class or the local newspaper man to your English class. Most business folks are happy to give back to the schools.
6. Father - Son activites. Title IX makes a specific exception for these activities, although you need to do mother-daughter activities as well.

Anyway, I am sure there are lots more, but those are just a few from the top of my head. The point is there are legal ways to increase the male presence in your schools. But, basing hiring decisions on maleness and hiring less qualified male candidates for teaching positions is illegal.

The Drew Cyberbullying Case Goes to Trial

The trial of Lori Drew for Cyberbullying starts today. This case has got a lot of attention nationally, so it bears watching. 

Here is the quick and dirty: An older woman and associates created a fake MySpace account in which they portray a young man. The young man then woos Megan Meier and after a relationship is established the fictitious boy then proceeds to shun her including a message stating the world would be better off without Megan. Megan, already having some emotional problems, hangs herself in her bedroom. 

The authorities, struggling to find something with which to charge Drew, the instigator, finally settle on charging her with violating the Computer Fraud and Abuse Act - which was meant as a law against computer hackers. The charge rests on the theory that Drew knowingly falsified a MySpace account in violation of MySpace's terms of use agreement. There has been a lot of attention and criticism of this novel use of that law. Additionally, the Intentional Infliction of Emotional Distress tort is at issue here as it must be proved to constitute a violation of the laws of a state, a necessary requirement under the Computer Fraud and Abuse Act charge.  

According to news reports, the Judge, out of LA because that is where the MySpace servers were, has come close to dimissing the case several times but finally decided to let the case go to trial. Now that it is at trial, and the suicide is included in the evidence, I wouldn't be surprised to see the jury convict Drew of something, even if it is a lesser misdemeanor.

Needless to say, whatever the outcome here this case will probably be appealed. But, in the meantime, watch for the ruling of this case to come down in the next week or so because either way it will set some pretty important cyberbullying precedent. I may even try to get a cyberbullying expert to blog on the case here. 

Few Positions for Ed. Law Professors

It's a Monday in the heart of the academic job season. The number of leadership positions posted at the Chronicle today? Zero.*

On a normal Monday in November the past few years I would say there would be at least 10-15 postings if not more. But, this is not a normal year. The academic job market is down substantially across the entire ed. leadership field -- a field which has been one of the hottest in all of education for a long time. I think it is a combination of the economic circumstances + the weakening of the leadership field in general (things like this) that account for the drastic decrease. This has of course translated into a low number of positions available for ed. law faculty across the country. I am sure I missed some, but I think I have the majority at my job board and while it may look like a lot, when you consider the different specialties and the different ranks, any given potential ed. law professor is probably looking at around 2-3 jobs that mentioned law as a desired expertise to choose from in total across the country. Now, of course, there are more positions that don't specifically articulate law as the expertise area that still hire law-type people, but nevertheless, there are still many fewer jobs this year for education law specialists.

I don't have historical data to determine whether this is an anamoly or a trend. My feeling is that it is a little of both. This is a particularly bad year, but also in general the number of research positions in colleges of education and in particular departments of education leadership is declining. I will try to keep an eye on it the next few years to get more of a sense of the trends. 

But, anyway, tough year to be on the market. Looks like everything that is going to be posted, is posted, and what's there is just not very enticing. Good luck to anyone on the market this year.

*UPDATE: Some positions have posted now. The Chronicle is apparently behind as their positions usually post at 1 am. Nevertheless, the point of the post remains the same.

Friday Snippets: 12/14/08 - Weddings on my mind.

The majority of the education news stories around the country this week were on the economic crisis and how that is hurting schools. Folks, everyone is hurting and everyone is looking for ways to save money. That means reduced programs, capital projects on hold, and a lack of filling positions. NY is even going to reduce their school bus routes. Meanwhile California says no more bake sales (now what are they supposed to do?) -- That is just where we are at now as schools begin to shape their budgets for next year. If things are looking this bad now, they will look even worse in the Spring when districts actually release their budgets. Settle in. This is going to get worse before it gets better for schools. 

In the future, we are going to see more legal action on obesity. The research is starting to build. 

More good energy incentives for schools to conserve. I like what I am seeing on this front. 

A Native Hawaiian admissions policy is being challenged as against federal law. Proof the Civil Rights laws are more than just about African Americans with regard to race and ethnicity.  

University of Illinois students have taken their mascot into their own hands. 

One more thing for our school administrators to worry about ... insecticide use laws. 

Louisiana's conservative movement is now heading to higher education. Outputs, people, Outputs! But, the union is beginning to fight back - at least what's left of it. 

A New Jersey court rules that student cars can be searched without a warrant. 

Ohio is getting closer to promised funding reform. 

Around the Blogosphere:

Mitchell R. points us to 1) D.C. making an effort to eliminate tenure (in your dreams) and 2) a drug using student seeking to be classified  under IDEA.  

Mark Walsh, who I am looking forward to meeting next week at ELA, posts his Ed. Week story about the crazy Utah Monument case. I agree with Mark that it is a fun one. He also has the Morse settlement. 

Jim Gerl continues in his series on whether court decisions affect special education much (um, they absolutely do!). 

Miguel Guhlin & Wesley Fryer post about fair use of videos and documents in response to the Code of Best Practices for Fair Use in Media Literacy Education. 

BoardBuzz asks whether education is becoming post-racial. 

Secretary Spellings if blogging at Eduwonk. Good for her, its nice to see her making an effort to communicate with this increasingly powerful conversation going on in the blogosphere. 

For your Friday Fun:  In honor of my sister whose wedding shower is this weekend back in Illinois ... don't let it drive you crazy, don't get too bossy, but remember, it could always be worse. 

Adventures in Facebook

The stories just keep on coming, but here is a particularly entertaining one out of Charlotte courtesy of my fabulous colleague Beth Rous. Seems teachers just can't understand that Facebook is a public space.

Superintendent Peter Gorman has recommended firing a teacher who listed “teaching chitlins in the ghetto of Charlotte” as one of her activities and drinking as one of her hobbies.

In her “About Me” section she wrote: “I am teaching in the most ghetto school in Charlotte.”

... the pages Campbell submitted included photos of female teachers in sexually suggestive poses and a black male teacher who listed “Chillin wit my n---as!!!” as an activity and had a suggestive exchange with a female “Facebook friend” accompanying a shirtless photo of himself.

The thing is, it is not even a secret anymore that districts are checking in on their teachers.

CMS has an investigator who specializes in online issues, including reports of inappropriate material posted by students about teachers. Carr said “several” employees a year are disciplined for inappropriate posts. CMS generally responds to complaints, rather than randomly viewing pages.

CMS and other districts also check Web pages, especially popular networking sites such as MySpace and Facebook, before hiring, Carr said.

Yet, these Facebook embarrassments continue to roll in with regularity. I have been chided in the blogosphere for recommending against usage of Facebook by pre-service teachers on the job market, but how many more examples do we need? Teachers use facebook at their own peril. If you use facebook in a non-professional manner, just be prepared to be fired for it. Students, parents and administrators absolutely will check your page and that information absolutely will be used in employment actions against you. I hate discouraging technology usage, but it is clear that this is one particular technology that many teachers simply have not figured out how to use responsibly.

The Kids Listen

They are always listening and our kids are just a reflection of us. 

Here is a sad example from Idaho where kids on a school bus started chanting "assassinate Obama." 

"I think the thing that struck us was just like, 'Where did they get the word and why would they put that word and that person together?'" said Whoolery.

I have a pretty good idea where they got it. All this educational law stuff only implicates students because that is all the school has authority to regulate ... but our parents bear a lot of the responsibility. Wouldn't it be nice if principals had the authority to give them detentions instead? 

The Adjunct Wave

USNews: "about two thirds of America's college instructors are now adjuncts"

Things have changed so much in so little time.

Google Flu?

Google is now tracking the flu. Yep, I am not kidding. They use their tracking capabilities of web searches to determine how many people in a given area are beginning to feel flu like symptoms. Here is a NY Times article on it. And here is Google explaining it themselves. In fact, Google even puts the data out there that you can download. Right now the flu activity in Kentucky is moderate. Monday my wife had the flu so perhaps I will be typing in "flu remedies" into Google later this week myself.

If this technology gets better and can be tracked at the county level, I could see this helping schools in being able to predict high flu risks and take addition steps such as hand washing to prevent outbreaks. We'll see, but sometimes you just have to be amazed what is possible with technology.

Cell Phones and Bus Drivers

The State Board of Education in Utah will likely ban school bus drivers from using cell phones while on the job at their next meeting. This is part of the fallout from the California train wreck where the driver missed a signal because he was texting. Look for this regulation in a state near you soon if it hasn't already been passed. This is sort of a no-brainer and many local companies and districts already have this policy, but it is an easy way for the state board of education to look good.  

Is the blogoshpere dead?

That's what Nicholas Carr thinks. And he is no slacker.

Sorry that a few of my posts lately have not focused on ed. law, but instead on blogging generally; but, since this is a blog itself the topic has always interested me and since I was asked to speak on blogging not long ago at a professional conference as if people perceived me as some expert, I thought I would start studying it so as to better pretend to be one.

In short Nick is making the same argument I have been making lately. The blogosphere is transforming. It is not what it once was. Even the Economist agrees. The professional world has caught onto this little secret we had and they are investing heavily in it and as a result everyone else is catching on. These days when I tell people that I blog I don't get the reaction I used to get a couple years ago ... namely "what's that?" Nowadays I get "that's cool. What's the name of your blog?" Here is the reality:

Blogging has entered the mainstream, which—as with every new medium in history—looks to its pioneers suspiciously like death.

Of course, we are not looking at the death of the blogosphere. But, we are looking at its transformation into an accepted member of society. And, as with anything, when mainstream society gets ahold of something, it comes out different than when it went in. It is the different between a kid and a teenager and an adult. I suspect that blogging is in its teenage years now. I think blogging is getting more professional while much of the personal realm of blogging is going to alternative outlets like Twitter and Facebook.

As blogging gets more professional, it is going to need more rules of governance. Personally, I signed on with CASTLE because it is legitimization. It is a form of governance that I am accepting because I know it makes my blog more marketable in the new professional world of the edublogosphere. Also, I am beginning to invite in more "contributors" as another professional validation tool for my blog. And, if you need any more evidence of this professionalization, just look at what EdWeek has done. 

But recognizing that this is the period we are in is important because we can have some control over the rules that develop for this new professional realm. How do we count this type of writing? Professional? Research? Service? How much does it help the larger entity? Do we have relationships with the larger, sponsoring entity? If I get to count this in tenure at UK, should I be advertising for them in this space? How frequently do we need to post? What is a Technorati rating worth? Are comments important? How does all this translate into a professional contribution? There are lots of questions that need to be worked out and I suspect a person could build an entire research career around just this one issue.

In the end, though, we need to start looking at blogging differently. Blogging is a teenager and soon it will be an adult. The carefree and reckless years of our childhood are over and now we are beginning to face responsibilities. Who are we going to be in a few years?

Friday Snippets: Nov. 7, 08 - Let's Gamble

Education Week has the issues that will face the next president (subscription required).

Its budget cut time. Kansas. Alabama. Indiana. California. Rhode Island. Everywhere. In response states are turning to gambling.

In light of tight budgets in Hawaii, they are proposing closing schools for a week.

Universities are not safe from record industry lawsuits.

The New Jersey cap lawsuit keeps churning.

Around the Ed. Law Blogosphere: 

Mark Walsh has the Supreme Court's broadcast indecency case.

Reverse Due Process ... it happens as Wrightslaw explains.

Jim G. has some OSEP action on state performance plans.

Mitchell R. has a good new LRE case.

Pamela Parker has a some lunchtime legal issues for teachers which is sort of cool.

ASCD Inservice brings up my critical comments of Detention Slip in the past, which I stand by.

NASSP's Principal's Policy Blog has the substantial cost of teacher absences.

And for your Friday Fun:Pandora. Its a free music service that customizes your playlist to the type of music you enjoy. I have been pretty pleased with the customization around progressive bluegrass and I find myself using Pandora more and Rhapsody less.

Webinar on Dropout Prevention for Girls

The National Women's Law Center is holding a free webinar on dropout prevention policies for girls. Issues to be addressed include pregnancy and parenting responsibilities of girls and model programs for addressing these challenges. It's next Wednesday at 1 eastern for those interested. Register here.

If you got tips on educational law related events, send them to me personally like their online outreach director did and I will consider posting them. 

Change! ... Anyone Got Any Ideas?

Tonight my class asked me what an Obama administration might mean, especially for education ... well, no surprise, the Obama team has already thought of that. Introducing ... change.gov.

Yep, a day after being elected the new administration has already commandeered (and apparently built) a .gov site for his transition team. Heck, you can even apply for a job in the new administration (yeah, it crossed my mind). 

But, they also have their "agenda" posted. Here is their agenda on education. Its got all the basic stuff, but here is the interesting part ... they want your ideas. So, I encourage you to take them up on their offer. I know I am going to post a few thoughts (a tax credit for all parents providing Internet access to their children has struck me as a pretty good idea for a while). Maybe it is just a gesture, but I sort of doubt it. I think they will actually have people reading these suggestions. So, what's your idea?

American Quote

Andrew Sullivan has the quote for the week: 

"The greatness of America lies not in being more enlightened than any other nation, but rather in her ability to repair her faults," - Alexis de Tocqueville.

If you have not read Tocqueville's Democracy in America, I really encourage you to do so. There are so many valuable insights in that book about our American system, such as the one above. Tocqueville really has an amazing ability to crystalize in language what many of us already intuitively understand but can't articulate. 

The Historic Day - My Journal

Today is important. I want to share some reflections and feelings not because I think any of you will be interested in them, but that 40-50 years from now I can come back and read about what I was feeling on this day. So, I am going to be updating this thread all day with whatever I am feeling. I am sure bloggers around the globe will be doing the same thing. 

7:50 am - First thing I did this morning was turn on MSNBC and sat in my favorite chair with my son. My son is two, but he knows who Obama is. He usually doesn't get the O on Obama, but he knows. In fact, Obama is the first non-cartoon character that he knows from the television. When I was his age another important candidate in American history was just taking the stage named Ronald Reagan and I see today as the end of the Reagan era. The pundits like to say we are a conservative country - they say that because their generation is a conservative generation. My generation is not - and they are telling that to the country today. I am proud of my generation for having the courage to take leadership in this country and to stop some of the silliness that has been going on lately. I don't know how we will do in governing, but I think we will hold our own - because we are a responsible generation. We did our homework, we work late nights, we see the greater good - like generations before us. I am not sure that one party or the other will be able to hold this generation, but the progressive ideals and lack of a fear of government of this generation will have lasting effects. - I want this day to last forever. I am only going to do a little work today. Mostly, I just want to enjoy this.

10:00 am - Just Voted. I voted for Obama - Biden. There was surprisingly little else to vote for in my precinct. There is an interesting Senate race in Kentucky, but most of the local board members and judges ran unopposed. The lines was about 40 people deep when I arrived and it took me about 50 min. altogether because they only had 2 voting machines for my whole neighborhood, which is very politically active. I live in a very old neighborhood, as the average age of the folks voting was probably 50+. I was probably the youngest homeowner in the line. Everyone was nice and in an upbeat mood and there was no silliness going on. The poll workers told me that at 7 this morning, the line stretched out the door 150+ people deep, and that they expect double that this evening when the polls close. That's a lot of pressure on 2 voting machines.

1:00 pm - Its midday now. With my vote behind me and the events of the evening still hours away, I wanted to reflect a little on education during this campaign. Basically, I want to reflect on what didn't happen. Neither candidate has a real education plan. There are high points in both candidate's rhetoric like Obama's $4,000 Opportunity Tax Credit for college students and Palin's full funding statements on IDEA. But, really, there's nothing there. It's all fluff. Neither candidate had the courage to propose a real education plan. And I think that is very sad. As a believer that the 10th Amendment still means something in this country, I am always mixed on the role of the federal government. But, one area where I am not mixed is on leadership. We are not going to transform our schools without some national leadership and motivation. But, its just not going to happen with either of these two, I am afraid. Consider if one of the candidates proposed putting a laptop in the hand of every public school studnet in the country ... all 50,000,000 of them over the course of five years (kids get new laptops at the beginning of 3rd, 7th, and 10th grades). You spend 10 billion dollars a year on the project on a rolling basis. Think what that would do for math and science development of kids. Think what that would do for new business generation amongst young people. Think of the paper we could save. Think of the sheer amount of copying time that we could save teachers. And, folks, while this may sound like a crazy expensive proposal, it is less than what we spend for a single month in Iraq. Just taking 1/12 of what we are annually spending on Iraq per year, we could digitize education in five years (teachers get laptops and training too). That's a plan. That's substance. That's talking about changing how we do business in schools. But, instead we got fluff. That's why although I voted for Obama, I did not endorse him on this blog. This is an education minded blog and neither candidate had a real education plan, so I didn't endorse.

4:20 pm - I am at the office and really no one is here. Kentucky has a thing where public offices are closed on Election day, including schools, so the doors are locked and the parking lot is empty. So, its like one of those odd federal holidays where businesses are working, but that's it. Luckily my day care was open. I am certainly mixed on this idea. It took me an hour to vote this morning and I plan on watching the returns come in tonight. But, that's it. The rest of the day I am not devoting to the election. So, much of the day is wasted (well, not for me, I came into the office). Perhaps a 1/2 day holiday would be appropriate here. Let all the retired folks vote in the morning when the public offices are open and folks/kids are at jobs/school. Then after lunch, let all the governmental employees out as well as the schools. They can pick up their kids and go vote so the kids get a good civics lesson and the parents get a little extra time to hit the polls. Or, alternatively, we should just invest more heavily in early voting. I am jealous of all the states where there is no-excuse early voting. I wish Kentucky would consider that.

5:30 pm - Ready to go home. My expectations tonight are for an Obama victory and really, I don't expect it to be all that close (in my inter-departmental prediction game I predicted Obama with 333 electoral votes). So, I am not really nervous or anything. My expectations for what I will be feeling tonight are interesting though. Pretty much the whole day I have been on the verge of tears. So far, they have all been tears of joy as I have felt my confidence in America restored over the past months. As I see the internal healing that we are current participating in, I can't help but love the American democracy that makes this possible and the future of that democracy that work for everyday. So, I am expecting to cry tonight. I am not really big on crying, but these are the kinds of things that can bring tears to my eyes because I fully understand the importance of this. Should be an interesting evening. Jennifer, my wife, got Chinese - my favorite food  - so if nothing else, I will enjoy that.

7:30 pm - Kentucky goes to McCain. Literally the first state in the nation to be called. I am from Southern Illinois and feel very comfortable in Kentucky, but the fact that Kentucky didn't even get close in this election gives me some pause. Kentucky is in terrible shape economically ... yet they didn't even consider voting for the Democratic Party candidate. There is no use in avoiding the elephant in the room, race had something to do with it here - although I think less than people would expect. There is more of just a conservative tradition - where people are used to voting for Republicans because that is what they have done for 40 years. But, nevertheless, Kentucky made a statement tonight about how willing or able they are to change in a progressive way and, frankly, I am a little disappointed.

8:10 pm - Like all the primaries, I follow along with the TV with my laptop and the technology in this election is getting pretty good. Once development that wouldn't have happened last election is widgets. Now, all the major media companies are developing widgets which folks like me can put on our own webpages. So, I included a widget on the election below the fold. Also, the county by county results are pretty impressive. I know Indiana pretty well, and watching the county by county results in Indiana is very instructive because I can see when the Republican and Democratic strongholds come in (so far Indiana is looking good for Obama).

9:30 pm - MSNBC calls Ohio for Obama. Its over. Voting is still going on in the West, but its over now. I have a sore throat, but it didn't keep me from shouting.

9:50 pm - It is starting to sink in now a little. We have seen so much of Obama over the last year that it is easy to forget some things. The networks are not showing many pictures of him except the classic headshots, so you focus on the color of the states and not the color of his skin. This is an African-American. Had this been only a few generations ago, the U.S. government would have considered him the property of another human. I mean, its been a long time since then ... but not that long. Just a few generations.

10:30 pm - I was I was in Grant Park, Chicago.

10:50 pm - CNN just did will.i.am by hologram. Yeah, hologram. The technological competition between the networks is fun to watch, but also helpful for the country. Hologram technology is going to see a HUGE boost now that the nation has seen it work.

11:00 pm - The nets call it. A few tears now. What a candidate. What a country.

11:04 pm - No words from the networks ... none for me either. History - that's it.

11:12 pm - Celebration. Worldwide. America is a leader again.

11:20 pm - Tough speech for McCain. He has a large responsibility now to help heal the country. History will remember him well if he does.

11:21 pm - Yes WE can. And did. I will carry the pride of participating in this election with me forever.

11:30 pm - President Barack Obama. President Barack Hussein Obama. The most powerful man in the world. That's just crazy! Would would the odds have been against that happening? A Billion to One?

11:46 pm - Let's take a second to reflect here before his speech begins. Now, we are at landslide. Even Indiana looks to be going Obama. There is something to be said for pure leadership. Yes, this Obama guy is a hell of a politician. But, he is also an honest-to-god leader. When it was a bad political idea to oppose the Iraq war - he opposed it. In the primaries, when it was a bad idea to talk about merit pay - he talked about merit pay. He told Detroit they have to get green. He told the rich they would be taxed more. Here's the thing. The American people are intelligent. They like when people talk to them like adults. The genius of Obama is to assume the American people were willing to hear honesty. To give a speech like this, for instance.  -- But, the underlying genius of Obama is in how he sees the world. It is one thing to speak to the American people honestly, but it is quite another for them to like what you have to say. What Obama had to say was fundamentally that the American government was not something to be scared of. That government is nothing more than a collection of neighbors working toward common goals.

12:06 am - Marvelous speech.

12:18 am - And so it begins. Should be an interesting journey.

12:21 am - Amazing what a man can do with hard work, determination and a keen mind. He can inspire the world.

12:36 am - I am going to bed now, in a very different country than the one I woke up in this morning. Something very, very good about that. A night I will remember forever.

O'Conner on Citizenship Education

I can't help but feel slightly uncomfortable at Justice O'Conner's foray into citizenship education, which is in the blogs again.

We must do a better job of educating young people to become active and informed participants in our democracy.

Absolutely true. But, I feel there is something a little hypocritical about making a statement like that and siding with the majority in Bethel v. Fraser and Hazelwood v. Kuhlmeier - cases which have substantially limited students ability to express themselves in practicality, whether or not they are severe limitations in theory. 

Her remedy for this is (1) more civic education:

Civic education has lost ground, and today usually consists of a one-semester course.

(2) Better textbooks and (3) more dynamic instruction. 

The first is problem-based learning, which utilizes primary documents, video clips and news articles to allow students to formulate their own opinions of and test their own arguments for key principles in constitutional and political reasoning. Young people should be encouraged to explore issues like the separation of powers by interacting in their classrooms or in extra-curricular forums through debates, negotiations, mock trials and role-playing. They should be encouraged, to the extent possible, to visit our courts and participate in Teen Court; to visit our state legislatures and Congress; to read newspapers; and to write letters to their elected officials and the editors of their local newspapers. All of these activities will train them to become active citizens.

And in doing all of those activities, students increasingly run the risk of their speech offending school officials and subsequently being disciplined, thanks to Justice O'Conner. It is difficult to have a conversation about real issues that affect these students (not separation of powers?) like drug usage among their peers when the Supreme Court publishes decisions like this.

Plus, the entire operation of the school is a lesson is civics ... in fact, I would contend the school's operation can and does teach students much, much more about civics than even 10 courses and 20 textbooks could ever do. It is one thing to have a course to talk about the beauty of the American government and quite another for the American government to suspend your property right in an education because of expressing your honest feelings on a controversial issue in a school sponsored forum. No civics course in the world could make up for the damage done to that student and all her friends.

So, I can't help but think there is an element of lipservice in O'Conner's civics education push. Yes we should teach our students about our democracy, but we have to realize that we are constantly teaching our students about our democracy every day they attend for 15-20 years. Justice O'Conner, in fact, has already taught our nation's students a lesson in civics ... and I have to say her lessons have been pretty harsh.

The Times We're In

In the 06-07 school year, over 1 in 5 new schools opened in the U.S. was charter school. Still less than 5 percent of all public K-12 schools are charters, but their popularity is growing rapidly.

UCEA Reflections

Spent the weekend at UCEA. I am in the Orlando Airport right now, so I thought I would write a few reflections.

1. Disney was not as bad as I thought it would be ... which is good because we are doing Disney (Anaheim) again next year. Ohh joy.
2. THe hotel was not that bad, not as bad a last year. Downtown Disney was not too far away and walked over their to eat at the Rainforest Cafe one afternoon.
3. Continental is not my favorite airline at the moment. I had to miss a presentation in which I was supposed to present on blogging. I am ticked about that. Jon Becker and David Quinn took care of the presentation and here is the UStream of that session (the volumne is low, but if you turn it up you can hear it):Online video chat by Ustream
4. My other presentation went well, I thought. I think people are a little scared of working with state data to begin to evaluate our leadership preparation programs, so folks were a little apprehensive. Here are the slides from my presentation:
5. Universities are really feeling the effects of the economic downturn. The job market was substantially down, which is really not great for current students on the market. 
6. Great session lead by Patrick Paukin (whose work I really appreciate) and Suzanne Eckes on Ethics and Law and Law and Ethics classes, which is the name of the class I am teaching right now. I will reflect more on this in the future at this blog, but it was really stimulating.
7. UCEA's general future increasingly concerns me. UCEA has some great leadership right now and hopefully what Scott McLeod did for CASTLE he can also do for UCEA as he is now the Communications Director. Apparently, there was some debate about which direction to take UCEA in. UCEA needs to find itself in the field and do it sooner rather than later. A LOT of the law people were missing this time. They use the economic circumstances as an excuse, but that is just a facade. The specialty people are not happy with UCEA and I hope UCEA recognizes that. Here is a little suggestion, the purpose for which UCEA was originally created, sounds like a pretty good purpose going forward.
8. Internet Access - Horrible and Inexcuseable. UCEA did provide projectors, which is a great step and they should be commended for that, but conference hotels should not be chosen in the future without free Internet Access in the conference rooms.
9. Money, money, money. I probably spent $1,200 on this conference and some of that will come out of my own hide. $14 for a scotch. $7 for a beer. $11 for Internet Access. $14 for a burger (which wasn't very good). Even after you pay the $400 flight, $400 hotel room, and $150 dollar registration there are still hundreds of dollars of additional costs.

Overall, it was an enjoyable conference. No conference is ever perfect and UCEA got the big things right at this conference, with the exception of the Internet problem. I really hope UCEA finds it way in the future and if you are a person interested in working in Ed. Leadership preparation, I encourage you to check it out.

We Can be Creative With This Stuff!

Lots of people think of the law as a stogy old field that old men with white hair do. Well, sure. That's part of it. But, there is also an exciting, interactive and indeed even creative part of the law and I try hard to instill those creative aspects of the law in my teaching.

So, it is with some pride that I share some of my student's work with all of you. Sarah Zehnder is a math teacher in Lexington, KY that is training to become a principal. She thinks well in mathematics. So, when I asked her to brief a case, she submitted the typical case brief, but then she also submitted what she personally started with ... a geometry proof. So, below his her excellent and creative work on using a non-legal tool to understand the law. Great work Sarah and I hope the rest of you find this example helpful for understanding that creativity is possible within the law.

Prove: A basketball tournament is a school sponsored event regardless of location

Statements	Reasons
1. MCHS officials play a role in setting eligibility requirements for athletes and approve funding of equipment and also schedule games.	1.School sponsorship may be found where a school officials schedule, set eligibility requirements for and fund an activity. (Poling v. Murphy - 872 F 2d. 757, 762)
2. MCHS educate students on more than just textbooks.	2. The process of educating our youth for citizehnship in public schools is not confined to books, the curriculum and the civics class; schools must teach by example the shared values of a civilized social order. (Bethel School Dist. NO. 403 v Fraser)
3. MCHS officials encourage students to attend tournaments in which their teams are participants and thus sanctions their conduct.	3. In the context of sporting events, student attendance at games, whether played at home or away, plays a large role in the success of the team as the so-called "sixth man" often is the difference between winning and losing.
4. MCHS officials must have greater authority at school sponsored events.	4. Educators are entitled to exercise greater control over activities which "the public might reasonably perceive to bear the imprimatur of the school." (Hazelwood, 484 U.S. at 271)
5. The basketball tournament was a school sponsored event regardless of location	5. This definition is in accord with the legitimate interest in teaching that which is vital to a civilized social order, not being perceived as placing its imprimatur on various conduct and promoting the safety of its students. (1,2,3)