Category Archives: Legal Rights

Are Honors Classes Racist?

High Expectations For All Students is the Way to Beat the Achievement Gaps

Simpson Street Free Press
editorial
Chantal Van Ginkel, age 18
Historically, Madison West High School has not had a spotless regard regarding race relations. Before and during the 1990’s, the school was accused by some of segregation. Most white students had their lockers on the second floor, while most minority students used lockers on the ground floor.
To the school’s credit, changes in policies have greatly improved a once hostile environment. Some of these changes include getting rid of remedial classes, and implementing SLC’s or Small Learning Communities.
A more recent change, however, has sparked controversy and heated debate. Madison West High School plans to largely eliminate honors classes. This is part of an attempt to provide equal opportunity for all students by homogenizing their classroom experience.
At one time, this might have been a good step toward desegregation of West’s student body. It is not a good idea now.
To some extent, enrollment in honors courses of all Madison high schools is racially segregated. Affluent students and white students take advanced courses much more frequently than other students.
But in my opinion, the lack of more rigorous courses is a problem. It is a problem for all students at West. Many parents, students and some faculty share this sentiment.
Recently, a petition signed by over a hundred West attendance area parents requested that 9th and 10th grade honors classes be reinstated. When Superintendent Nerad took steps to make this, some members of the West High teaching staff spoke up. They asserted that honors classes are racist. The project to reinstate advanced course offerings for West’s freshmen and sophomores was then abandoned.
Honors classes, in and of themselves, are not inherently racist. Rather, the expectation that only certain students will take these classes is the problem. The fact that too many minority students end up in remedial courses is racist, but eliminating rigorous courses is not the answer.
As writers for this newspaper have said many times, the real racism is the cancer of low expectations. High expectations for all of our students is how we will beat the achievement gaps in local schools. Low expectations will only make our problem worse.

Note: Madison West High School has not had honors classes in 9th and 10th grade for several years. (The only exception to that is the historically lone section of Accelerated Biology, which some West teachers have repeatedly tried to get rid of.) Not only that, but Madison West High School is the only Madison high school that does not have any honors/advanced/accelerated classes in English and Social Studies in 9th and 10th grade. All West 9th and 10th grade students are expected to take regular English 9 and 10 and regular Social Studies 9 and 10, in completely heterogeneous (by ability) classes.
Note: The petition mentioned by the author — the one requesting honors classes in English and Social Studies in 9th and 10th grade — has now been signed by almost 200 current, past and future West community members.

PA school board pays $33K settlement for searching kid’s phone and referring seminude self-portraits to DA for criminal prosecution

Cory Doctorow

Pennsylvania’s Tunkhannock Area School District has settled a lawsuit brought by the ACLU on behalf of NN, a student whose mobile phone was searched by her principal. The principal dug through several screens’ worth of menus to discover some partial nude photos of NN, as well as a blurry full nude that NN had intended for her long-term boyfriend. This may or may not have been advisable, but I’m with NN and the ACLU: it wasn’t the principal’s place to go digging through her phone for the pix. And the principal certainly shouldn’t have done what he did next: turn the photos over to the DA’s office for criminal prosecution (you see, the principal believed that in taking pictures of herself, a minor, NN became a child pornographer).
The school district settled for $33K (which sounds like the ACLU’s legal fees), and another suit against the DA remains ongoing. As a result of the settlement, the Pennsylvania School Boards Association is developing guidelines for searching students’ phones.

Three years after landmark court decision, Louisville still struggles with school desegregation

Robert Barnes:

Chief Justice John G. Roberts Jr. made it sound so simple that day in 2007, when he and four other members of the Supreme Court declared that this city’s efforts to desegregate its schools violated the Constitution.
“The way to stop discrimination on the basis of race,” Roberts wrote, “is to stop discriminating on the basis of race.”
But life has been anything but simple for school officials here. They have steadfastly – or stubbornly, depending on the point of view – tried to maintain integrated classrooms despite the court’s command that officials not consider race when assigning children to schools.
Consultants were hired, lawyers retained, census data scrubbed, boundaries redrawn, more buses bought, more routes proposed, new school choices offered and more lawsuits defended.

Memo to the Media on Open Enrollment: When We (The Madison School Board) Unanimously Reject a Proposal, That Means We Don’t Support It

Madison School Board Member Ed Hughes:

The Board discussed the issue. Individual members expressed concern about the 3% cap, suggesting that this wasn’t the way for us to deal with the open enrollment issue. I was one of those who spoke against the proposal. The Board voted unanimously to support the other two proposed changes to WASB policy, but not the 3% cap. This amounted to a unanimous rejection of the 3% limit. (A video of the Board meeting can be found here. The WASB discussion begins about 48 minutes in.)
From the Board’s perspective, the endorsement of the proposal regarding financial stability wasn’t seen as one that had much bearing on our district. But we’d like support from other districts on our push for a fiscally neutral exchange of state dollars, and so we were willing to support proposals important to other districts, like this one, as a way of building a coalition for fresh consideration of open enrollment issues by the WASB.
The “financial stability” proposal certainly wasn’t intended by us as a dagger to the heart of the open enrollment policy; I don’t suppose that it was ever the intent of the legislators who supported the open enrollment statute that the policy could render school districts financially unstable.
The State Journal never reported that the Board rejected the 3% cap proposal. It ran letters to the editor on Wednesday, Thursday and Friday that all seemed premised on the assumption that we had in fact supported such a cap. The Wednesday letter said in part, “[T]he Madison School District’s answer to its shortcomings is to build a Berlin wall, preventing students from leaving.” From the Thursday letter, “Unfortunately, instead of looking inward to address the problems and issues causing flight from Madison schools, the School Board would rather maintain the status quo and use the coercive force of government to prevent its customers from fleeing for what they think is a better value.” From Friday’s letter: “So the way you stem the tide of students wanting to leave the Madison School District is to change the rules so that not so many can leave? That makes perfect Madison School Board logic.” (The State Journal also ran a letter to the editor on Friday that was more supportive of the district.)

Much more on outbound open enrollment and the Madison School Board here.
I’m glad Ed continues to write online. I continue to have reservations about the “financial stability” angle since it can be interpreted (assuming it becomes law…. what are the odds?) any way the Board deems necessary. Further, I agree with Ed that there are certainly more pressing matters at hand.

On the Web, Children Face Intensive Tracking

Steve Stecklow:

A Wall Street Journal investigation into online privacy has found that popular children’s websites install more tracking technologies on personal computers than do the top websites aimed at adults.
The Journal examined 50 sites popular with U.S. teens and children to see what tracking tools they installed on a test computer. As a group, the sites placed 4,123 “cookies,” “beacons” and other pieces of tracking technology. That is 30% more than were found in an analysis of the 50 most popular U.S. sites overall, which are generally aimed at adults.
The most prolific site: Snazzyspace.com, which helps teens customize their social-networking pages, installed 248 tracking tools. Its operator described the site as a “hobby” and said the tracking tools come from advertisers.
Starfall.com, an education site for young children, installed the fewest, five.
The research is part of a Journal investigation into the expanding business of tracking people’s activities online and selling details about their behavior and personal interests.
The tiny tracking tools are used by data-collection companies to follow people as they surf the Internet and to build profiles detailing their online activities, which advertisers and others buy. The profiles don’t include names, but can include age, tastes, hobbies, shopping habits, race, likelihood to post comments and general location, such as city.

Check your Google “preferences” here.

Houston School Board to vote on tighter conflict of interest rules

Ericka Mellon:

The Houston school board plans to vote Thursday on a stricter conflict of interest policy that would apply to all employees, rather than just higher-paid administrative staff. The proposal would forbid all employees from accepting any “gift, favor, loan, service, entertainment or anything of more than token value” from any HISD vendor or someone seeking to do business with the district. Allowed are coffee mugs, key chains, caps and other “trinkets.”
Employees also are prohibited from accepting meals exceeding $100 in a year from any vendor or prospective vendor. Employees must report meals that exceed $50 per year. In addition, employees must report to the district any personal financial or business interests that “in any way creates a substantial conflict with the proper discharge of assigned duties and responsibilities or that creates a conflict with the best of the District.”
HISD’s current conflict of interest policy is similar except that it applies only to administrative employees above pay grade 14. (I’m checking with the district on that salary amount.) Ann Best, the district’s chief human resources officer, told the school board Monday that the change was designed to ensure “that we’re holding every single person accountable to the same standard.”

Misguided use of microchip technology

San Francisco Chronicle

Officials with Contra Costa County’s Head Start program were frustrated. In order to meet federal requirements, they had to take attendance every hour.
These and other administrative tasks were taking up a lot of teachers’ time – between one and three hours a day per teacher – and using up a lot of the program’s limited funds.
We sympathize with their pain. An hourly attendance requirement is indeed burdensome, and it’s a useless distraction from the very important work that Head Start does – preparing low-income preschoolers for school. But we can’t support what those officials did next, which was to implement a microchip tracking program for those very young children.

ACLU sues California for allowing school districts to charge fees

Jason Song:

The suit alleges that more than 30 districts require students and their families to pay for books and other basic supplies that are supposed to be provided at no cost.
The American Civil Liberties Union filed a lawsuit against the state of California on Friday for allowing school districts to charge students for books, uniforms, classes and other basic supplies.
The suit, filed in Los Angeles County Superior Court, alleges that more than 30 districts require students and their families to pay for basic supplies that are supposed to be provided at no cost. Districts cited in the lawsuit include Beverly Hills, Burbank and Long Beach.
The Los Angeles Unified School District was not named in the suit, although “we have heard anecdotal reports about Los Angeles,” Mark Rosenbaum, chief counsel for the ACLU of Southern California, said at a morning news conference.

Keeping Track of the Kids

New York Times:

This is an era in which many devices are watching us. We carry about wireless phones that tell our service providers exactly where we are. Surveillance cameras blink down from corners and storefronts. Advertisers follow us effortlessly around the Internet. Still, plans in Contra Costa County, Calif., to tag preschoolers with radio frequency identification chips to keep track of their whereabouts at school seem to go too far.
The concern that school officials would use the ID chips to keep tabs on children’s behavior — and tag them perhaps as hyperactive or excessively passive — seems overwrought. County officials point out that the tags will save money and allow teachers to devote less time to attendance paperwork and more time to their students. And the chips, which will be randomly assigned to different children every day, according to a county representative, will not carry personal information that could be intercepted by others.

Former student files second lawsuit over school webcam spying   Pa. school district left the photo-taking feature on after teen retrieved lost laptop

Greg Keizer:

Computerworld – Another student this week sued the suburban Philadelphia school district embroiled in allegations of spying on high schoolers using their school-issued laptops.
 
The lawsuit is the second aimed at the Lower Merion School District of Ardmore, Pa., which was first accused of spying on students by Blake Robbins and his parents, Michael and Holly Robbins, of Penn Valley, Pa. TheRobbins sued the district in February, after Blake was accused by a Harriton High School official of “improper behavior in his home” and shown a photograph taken by his laptop.
 
A report conducted by an investigator hired by the district later concluded that the cameras had snapped more than 30,000 photographs when school personnel triggered software designed to locate lost, missing or stolen laptops. The report blamed the district’s IT staff for the fiasco, saying that a former head of the department had dismissed earlier concerns about privacy violations if the software was used.

State appeals court blocks school drug tests

In a ruling by California’s chief justice nominee, a state appeals court has barred a school district from drug testing all students in extracurricular activities such as choir, the school band and Future Farmers of America.
The Shasta Union High School District in Northern California began the testing in 2008, saying the prospect of being disqualified from a favorite after-school activity would discourage youths from using drugs or alcohol.
The district noted that the U.S. Supreme Court ruled in 2002 that random drug tests of all students in extracurricular programs did not violate the constitutional ban on unreasonable searches.

Verona Abandons Student ID Card Display Requirement

Chris Rickert

Students of Verona High School, cast aside your name tags; you are no longer subject to the tyranny of instant identification.
Conceding defeat after only a year, school officials have abandoned a requirement that students wear their ID cards. Compliance with the rule had never reached more than 85 percent.
Eighty-five percent is pretty good in most things, but we’re dealing with identity here. Would you trust an online retailer that could protect your credit card number only 85 percent of the time? Airport screening that stopped 85 percent of the people on the terrorist watch list?
Of course, forcing students to wear their IDs isn’t meant to thwart a terrorist plot, and while the IDs are used to check out books at the library and get on the bus, adorning yourselves with them is not necessary to do either of those things.

Feds say school that “accidentally” took 56,000 remote photos of students committed no crime

zdnet:

School officials in Pennsylvania’s Lower Merion School District will not face criminal charges for activating a tracking feature on school-issued webcams that allowed them to capture about 56,000 images of unsuspecting students and their families at home.
Federal prosecutors said today that they will not file charges against the district or its employees, according to an Associated Press report. Investigators found no evidence of criminal intent by those who activated the feature and/or reviewed the images.
Also today, the district announced new policies for its One-to-One laptop program. In a statement, the district explained the new policies and emphasized how it would be allowed to activate the tracking feature in the future. The district wrote:

Remarkable.

UC Berkeley will not send students DNA results

Victoria Colliver

Under pressure from state public health officials, the professors behind UC Berkeley’s controversial plan to genetically test incoming freshmen and transfer students said Thursday they will scale back the program so that participants will not receive personal results from their DNA samples.
The university raised the ire of genetic watchdog and privacy groups in May when it first launched “Bring Your Genes to Cal.” The voluntary program is believed to be the largest genetic testing project at a U.S. university.
The 5,500 incoming freshman and transfer students for the fall semester received testing kits in the mail and were asked to submit cheek swabs of their DNA to kick off a yearly exercise to involve the new students in a common educational experience centered on a theme. This year’s theme is personalized medicine.
Students were to receive personal information about three of their genes – those related to the ability to break down lactose, metabolize alcohol and absorb folates. This information was to be the basis of lectures and discussions on such topics as the ethical, social and legal interpretations of genetic testing.
But what was meant to be a group educational exercise turned into a lesson for the university on the politics and policy of medical testing.
Assembly hearing
The program was the subject of a state Assembly committee hearing on Tuesday in Sacramento. On Wednesday, officials from the state Department of Public Health said the university must use certified laboratories that meet specific standards, rather than the campus labs, if the school planned to release individualized test results, identified only by barcodes, to students.
“The California Department of Public Health made the determination that what we’re doing isn’t really actual research or education; that what we’re doing is providing medical information, conducting a test,” said Dr. Mark Schlissel, dean of biological sciences at UC Berkeley’s College of Letters & Science and a professor of molecular and cell biology.
Schlissel said he disagreed with that assessment, but said the university will comply with state regulators. UC officials have asked the Department of Public Health to provide legal authority for its interpretation.
The university still plans to analyze the DNA samples in a campus research lab, but students will not have access to their personal results. Instead, the test results will be presented in aggregate to students during lectures and panel discussions this fall.
Schlissel said the controversy and intervention by state regulators has raised interesting questions for the discussions. “Who has authority to tell an individual what they’re allowed to know about themselves?” he said. “I don’t know the answer to that.”
About 700 students have already submitted their samples.
Critics’ concerns
Critics had raised questions about how the genetic information, even seemingly innocuous, could be misinterpreted or misused. For example, students who learn they metabolize alcohol well may mistakenly think they can overindulge without consequence.
Jeremy Gruber, who testified at Tuesday’s hearing before the Assembly Committee on Higher Education in his role as president of the Council for Responsible Genetics, still has lingering concerns about how the samples will be handled and whether students had the proper amount of information before offering consent to provide them.
“The fact it required the intervention of the Department of Public Health before they would act in the best interest of their students is absolutely appalling,” he said.
UC Berkeley officials have said the university will incinerate the samples after they are tested in the next few weeks. Jesse Reynolds, policy analyst at the Center for Genetics and Society in Berkeley, had opposed the university’s program primarily over privacy concerns and what he considered the lack of research into the implications of such a mass experiment.
He said restricting students from receiving information about their personal genetics essentially cancels the “personalized medicine” aspect of the program. He said that although students signed consent forms to participate as part of submitting their DNA samples, he is concerned they have now signed consent forms for what is to be a different program.
“Genetic testing in general and personalized medicine specifically are likely to be an increasing part of our lives,” Reynolds said. “More education is certainly needed, but this was not the way to go about it.”

Tracking Is an Assault on Liberty, With Real Dangers

Nicholas Carr:

In a 1963 Supreme Court opinion, Chief Justice Earl Warren observed that “the fantastic advances in the field of electronic communication constitute a great danger to the privacy of the individual.” The advances have only accelerated since then, along with the dangers. Today, as companies strive to personalize the services and advertisements they provide over the Internet, the surreptitious collection of personal information is rampant. The very idea of privacy is under threat.
Most of us view personalization and privacy as desirable things, and we understand that enjoying more of one means giving up some of the other. To have goods, services and promotions tailored to our personal circumstances and desires, we need to divulge information about ourselves to corporations, governments or other outsiders.
This tradeoff has always been part of our lives as consumers and citizens. But now, thanks to the Net, we’re losing our ability to understand and control those tradeoffs–to choose, consciously and with awareness of the consequences, what information about ourselves we disclose and what we don’t. Incredibly detailed data about our lives are being harvested from online databases without our awareness, much less our approval.

National Cholesterol Education Program might update treatment recommendations

Melissa Healy:

In the next year or so, the market for statins may get a further boost.
The National Cholesterol Education Program, the group that drafted the 2001 and 2004 guidelines on statin use, is expected to update its treatment recommendations. In doing so, the group will decide whether to suggest the broad use of statins for healthy patients with high readings of a marker for inflammation called C-reactive protein.
If the group does urge statins for these healthy individuals, at least 6.5 million new patients could sign up for long-term statin use.

German Schools to Teach Online Privacy

Jessica Donath:

Internet companies such as Facebook and Google have come in for repeated criticism in Germany, where the government has concerns about what they do with users’ data. Now one state, worried about the amount of information young people reveal online, plans to teach school pupils how to keep a low profile on the web.
Many of Facebook’s 2 million users in Germany are young people who might not give a second thought to posting pictures of themselves and their friends skinny-dipping or passed out at parties. Unfortunately, being casual with one’s data also has its risks. After all, potential employers also know how to use social networking tools.
Now the government of the state of North Rhine-Westphalia, recognizing that young people are not always aware of the dangers of revealing personal information on the Internet, is planning to teach school students how to deal with the Internet and social networking sites such as Facebook and Twitter.
“Our goal is to convey that the Internet doesn’t only offer chances and opportunities, but also has risks that students should understand in order to exercise autonomy with regards to digital media,” said North Rhine-Westphalia’s media minister, Angelica Schwall-Düren, in an interview with the Thursday edition of the regional newspaper WAZ.

Appeals court rules in favor of Marshall School District in case of special-needs student

Doug Erickson:

Educators in the Marshall School District properly determined that a student with a genetic disease was no longer eligible for special education and related services, a federal appeals court has ruled.
The decision by the Seventh Circuit Court of Appeals, released Monday, reversed a lower court’s ruling that relied heavily on a doctor’s opinion and discounted the testimony of the student’s special education gym teacher.
Barbara Sramek, Marshall superintendent, said the ruling’s implications extend far beyond one school district.
“This was not about money, it was about principle,” she said. “Ultimately, it reinforces the value of educators and professional development.”

Senator James Webb (D-VA) on Affirmative Action and Race

Ilya Somin:

In his much-discussed recent Wall Street Journal op ed, Virginia Senator James Webb makes some good points about affirmative action and race, but also some key mistakes and omissions. On the plus side, Webb’s article highlights the contradictions between the “diversity” and compensatory justice rationales for affirmative action. He also correctly suggests that slavery and segregation inflicted considerable harm on southern whites as well as blacks; it is therefore a mistake to view these injustices as primarily a transfer of ill-gotten wealth from one race to another. On the negative side, Webb is very unclear as to his own position on affirmative action. He also seems to blame racism and the historic economic backwardness of the South on the machinations of a small elite. The reality was more complicated. Low-income southern whites were often much more supportive of racism and segregation than economic elites were, and Jim Crow might have been less virulent without their support.
I. Competing Rationales for Affirmative Action.
One of Webb’s best points is that affirmative action has resulted in preferences for groups that cannot claim to be victims of massive, systematic injustices inflicted in the United States:

Clusty Search: James Webb, Ilya Somin.

Seattle School District Citizen Lawsuit Update: New Student Assignment Plan

via a Dan Dempsey email, 7/25/2010 483K PDF

The first finding of the Audit Report is “The Seattle School District did not comply with state law on recording meeting minutes and making them available to the public”. Id., p. 6. The auditor found: “We determined the Board did not record minutes at retreats and workshops in the 2008 – 2009 school year. Id. These retreats and workshops were held to discuss the budget, student assignment boundaries, school closures and strategic planning”. [Emphasis Supplied] Id., p. 6. The school board’s decisions regarding student assignment boundaries and school closures are the subject of the Commissioner’s ruling denying review in the Briggs and Ovalles discretionary review proceedings and in this original action.
The Auditor described the effect of these violations to be: “When minutes of special meetings are not promptly recorded, information on Board discussions is not made available to the public”. Id., p. 6. The Auditor recommended “the District establish procedures to ensure that meeting minutes are promptly recorded and made available to the public.” Id., p. 6. The District’s response was: “The District concurs with the finding and the requirement under OPMA that any meeting of the quorum of the board members to discuss district business is to be treated as a special or regular meeting of the OPMA.” Id. p. 6. Thus, the school board admits the Transcripts of Evidence in the Ovalles and Briggs appeals contains no minutes of the discussions relating to student assignments and school closures, even though the law required otherwise. Additionally, there is no indication of what evidence the school board actually considered with regard to the school closures and the new student assignment plan at retreats and workshops devoted to these specific decisions.
The fifth finding of the Auditor’s Report was: “5. The School Board and District Management have not implemented sufficient policies and controls to ensure the District complies with state laws, its own policies, or addresses concerns raised in prior audits”. Id., p. 25. In a section entitled “description of the condition” the report states: “In all the
areas we examined we found lax or non-existent controls in District operations. …” Id., p. 25. With regard to the Open Meetings Act the Auditor noted continuing violations of state law and that “the District did not develop policies and procedures to adequately address prior audit recommendations.” Id, at p. 27.

Related: Recall drive for 5 of 7 Seattle School Board members.

High school drug testing shows no long-term effect on use

Greg Toppo:

New research paints a decidedly mixed picture when it comes to mandatory drug testing for high school students trying out for sports or other extracurricular activities: While testing seems to reduce self-reported drug use in the short term, it has virtually no effect on teens’ plans to use drugs in the future.
A U.S. Department of Education study, out today, surveyed students at 36 high schools that got federal grants to do drug testing. Half of the schools had already begun testing for marijuana, amphetamines and other drugs; the other half had not.

College Grad Sues Father to Recoup Tuition Costs

Christian Nolan:

Breach of contract action focuses on written contract requiring divorced father to cover daughter’s school costs until age 25
It’s not news that some children, especially as they hit their teenage and college years, don’t get along with their parents. But even experienced attorneys say it’s rare when the disagreements grow to a point where litigation is required.
So consider the odd case of Dana Soderberg, who went to court to force her father to live up to a deal to pay her tuition at Southern Connecticut State University. Hamden family lawyer Renee C. Berman handled the lawsuit for Soderberg.

Louisiana School waiver plan, now law, challenged by teacher union

Bill Barrow & Ed Anderson:

Trying to put the finishing touches on a series of education policy victories in the recently concluded legislative session, Gov. Bobby Jindal has signed into law a hotly debated plan to let local schools seek waivers from a range of state rules and regulations.
But as soon as the ink was dry on House Bill 1368, one of the state’s major teachers unions delivered on its promise to challenge the act as unconstitutional.
The teachers group wants a Baton Rouge district court to rule that the Legislature cannot abdicate its law-making authority by effectively allowing the state Board of Elementary and Secondary Education to pick and choose which laws local schools have to follow.
The new program topped Jindal’s K-12 education agenda for the session that ended June 21. The governor pitched waivers as a way to give schools more flexibility, much like public charter schools that have proliferated in New Orleans and elsewhere since Hurricane Katrina.

Google Moves Encrypted Search to New Domain

Audrey Watters:

Google announced today that it was moving domains for its encrypted search from https://www.google.com to https://encrypted.google.com.
In May Google launched an encrypted version of its Web search, allowing users to enable a Secure Sockets Layer (SSL) connection to encrypt their information as they searched.
As ReadWriteWeb reported, this move ran afoul of some school districts’ web filtering requirements, forcing them to possibly block access to other parts of the Google secure domain.

There is certainly a message in this change.

Colorado education officials ignore law on teacher arrests

Trevor Hughes:

Colorado education officials have been ignoring a law intended to “flag” the arrests of teachers and then alert all school districts and charter schools across the state, a Coloradoan investigation has found.
The 2008 law requires the Colorado Department of Education to issue an alert every time a licensed educator is ar-rested. The arrest information is provided by the Colorado Bureau of Investigation.
But a Coloradoan investigation shows CDE officials have largely ignored the law since it was passed, arguing that they didn’t have enough money to implement it. Within days of the Coloradoan inquiring about the situation, CDE officials said they planned to start following the law. They couldn’t provide a specific timeline.

US court weighs school discipline for Web posts

MaryClaire Dale:

A U.S. appeals court heard arguments Thursday over whether school officials can discipline students for making lewd, harassing or juvenile Internet postings from off-campus computers.
Two students from two different Pennsylvania school districts are fighting suspensions they received for posting derisive profiles of their principals on MySpace from home computers. The American Civil Liberties Union argued that school officials infringe on student’s free speech rights when they reach beyond school grounds in such cases to impose discipline.
“While children are in school, they are under the custody and tutelage of the school,” ACLU lawyer Witold Walczak argued Thursday in the 3rd U.S. Circuit Court of Appeals. “Once they leave the schoolhouse gate, you’ve got parents that come into play.”

Seattle School District Files Appeal in “Discovery Math” Lawsuit Loss

Martha McLaren:

The District’s Appeal Brief is in — A link to the appeal is shown on the lower left.
The Seattle School District’s first brief in its appeal of Judge Spector’s decision was filed on Friday. To me, it is not surprising that its arguments are weak. I don’t think we could ever have scored this unprecedented victory had our case not been extremely well founded. Nonetheless, one can’t predict what the appeals panel will rule.
Basically, the brief restates the district’s original contention that, because the specified process was followed, any decision made by the board, (I might add — regardless of how it flouted overwhelming evidence) must stand. Also, the brief misstates and misinterprets many aspects of our case. One of the most egregious examples is the contention that the court overstepped its authority by making a decision on curriculum. Not so – the court simply remanded the board’s decision back to the board on the basis of the lack of evidence to support the decision.
We have 30 days to file our response brief (by June 21), and SPS has 15 days after (by July 6) to file its rebuttal. Our attorney tells me that a hearing will be scheduled after all briefs have been filed.

Much more on the initial, successful rollback of Seattle’s Discovery Math program here

Some 2009 Email Messages to Comments @ the Madison School District

These two documents [1MB .txt or 2MB PDF] include some email messages sent to “comments@madison.k12.wi.us” from 1/1/2009 through September, 2009.
I requested the messages via an open records request out of concerns expressed to me that public communications to this email address were not always making their way to our elected representatives on the Madison Board of Education. Another email address has since been created for direct public communication to the Board of education: board@madison.k12.wi.us
There has been extensive back and forth on the scope of the District’s response along with the time, effort and expense required to comply with this request. I am thankful for the extensive assistance I received with this request.
I finally am appreciative of Attorney Dan Mallin’s fulfillment (a few items remain to be vetted) and response, included below:

As we last discussed, attached are several hundreds of pages of e-mails (with non-MMSD emails shortened for privacy purposes) that:
(1) Are not SPAM / commercial solicitations / organizational messages directed to “school districts” generally
(2) Are not Pupil Records
(3) Are not auto-generated system messages (out of office; undeliverable, etc.)
(4) Are not inquiries from MMSD employees about how to access their work email via the web when the web site changed (which e-mails typically contained their home email address)
(5) Are not technical web-site related inquiries (e.g., this link is broken, etc.)
(6) Are not random employment inquiries / applications from people who didn’t know to contact the Human Resources department and instead used the comments address (e.g., I’m a teacher and will be moving to Madison, what job’s are open?).
(7) Are not geneology-related inquiries about relatives and/or long-lost friends/teachers/etc.
(8) Are not messages that seek basic and routine information that would be handled clerically(e.g., please tell me where I can find this form; how do I get a flyer approved for distribution; what school is ____ address assigned to; when is summer school enrollment, etc.)
Some of the above may have still slipped in, but the goal was to keep copying costs as low as possible. Once all of the e-mails within your original request were read to determine content, it took over 2 hours to isolate the attached messages electronically from the larger pool that also included obvious pupil records, but you’ve been more than patient with this process and you have made reasonable concessions that saved time for the District in other ways, and there will be no additional copying charge assessed.

It would be good public policy to post all communications sent to the District. Such a simple effort may answer many questions and provide a useful look at our K-12 environment.
I am indebted to Chan Stroman Roll for her never ending assistance on this and other matters.
Related: Vivek Wadhwa: The Open Gov Initiative: Enabling Techies to Solve Government Problems
Read more: http://techcrunch.com/2010/05/22/the-open-government-initiative-enabling-techies-to-solve-problems/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Techcrunch+%28TechCrunch%29#ixzz0ohshEHIG

While grandma flips through photo albums on her sleek iPad, government agencies (and most corporations) process mission-critical transactions on cumbersome web-based front ends that function by tricking mainframes into thinking that they are connected to CRT terminals. These systems are written in computer languages like Assembler and COBOL, and cost a fortune to maintain. I’ve written about California’s legacy systems and the billions of dollars that are wasted on maintaining these. Given the short tenure of government officials, lobbying by entrenched government contractors, and slow pace of change in the enterprise-computing world, I’m not optimistic that much will change – even in the next decade. But there is hope on another front: the Open Government Initiative. This provides entrepreneurs with the data and with the APIs they need to solve problems themselves. They don’t need to wait for the government to modernize its legacy systems; they can simply build their own apps.

Ethics of UC Berkeley’s gene testing questioned

Victoria Colliver:

Genetic watchdog groups want UC Berkeley to suspend plans to ask incoming freshmen and transfer students to supply a DNA sample to participate in what is considered the first mass genetic testing by a university.
Next month, about 5,500 first-year students will receive testing kits in the mail and be asked to submit DNA swabs to test three genes. The genes include those related to the ability to break down lactose, metabolize alcohol and absorb folates.
Berkeley officials said the university has followed appropriate privacy and consent procedures and has no intent to changes its plans.
But the Center for Genetics and Society, a Berkeley public interest organization, and the Council for Responsible Genetics, which is based in Cambridge, Mass., say the project disregards the potential harmful use of the information.

Student’s Arrest Tests Immigration Policy

Robbie Brown:

Jessica Colotl, a 21-year-old college student and illegal Mexican immigrant at the center of a contentious immigration case, surrendered to a Georgia sheriff on Friday but continued to deny wrongdoing.
Ms. Colotl was arrested in March for driving without a license and could face deportation next year. On Wednesday the sheriff filed a felony charge against her for providing a false address to the police.
The case has become a flash point in the national debate over whether federal immigration laws should be enforced by local and state officials. And like Arizona’s tough new immigration law, it has highlighted a rift between the federal government and local politicians over how illegal immigrants should be detected and prosecuted.
“I never thought that I’d be caught up in this messed-up system,” Ms. Colotl said Friday at a news conference after being released on $2,500 bail. “I was treated like a criminal, like a threat to the nation.”

Wisconsin Democrat Representative Ron Kind (D-3) Introduces Legislation Requiring Government Tracking of Children’s Body Mass

Penny Starr:

A bill introduced this month in Congress would put the federal and state governments in the business of tracking how fat, or skinny, American children are.
States receiving federal grants provided for in the bill would be required to annually track the Body Mass Index of all children ages 2 through 18. The grant-receiving states would be required to mandate that all health care providers in the state determine the Body Mass Index of all their patients in the 2-to-18 age bracket and then report that information to the state government. The state government, in turn, would be required to report the information to the U.S. Department of Health and Human Services for analysis.
The Healthy Choices Act–introduced by Rep. Ron Kind (D-Wis.), a member of the House Ways and Means Committee–would establish and fund a wide range of programs and regulations aimed at reducing obesity rates by such means as putting nutritional labels on the front of food products, subsidizing businesses that provide fresh fruits and vegetables, and collecting BMI measurements of patients and counseling those that are overweight or obese.

Ariz. college to position sensors to check class attendance Devices would be installed in underclassmen lecture halls; some say infringes on privacy

David Brazy:

Students at Northern Arizona University will have a hard time skipping large classes next fall because of a new attendance monitoring system.
The new system will use sensors to detect students’ university identification cards when they enter classrooms, according to NAU spokesperson Tom Bauer. The data will be recorded and available for professors to examine.
Bauer said the university’s main goal with the sensor system is to increase attendance and student performance.
“People are saying we are using surveillance or Orwellian [tactics] and, boy, I’m like ‘wow,’ I didn’t know taking attendance qualified as surveillance,” Bauer said.
University President John Haeger is encouraging professors to have attendance be a part of students’ grades, but he added it is not mandatory and up to each professor to decide, Bauer said.

Oregon educational system offers Google Apps

David Weinberger:

Oregon has signed a deal with Google that enables any school district to provide Google Apps for Education [faq] for free to its students and teachers. This includes Google Gmail, Calendar, Contacts, Sites and Pages, Talk, Video, Groups, Docs, and Postini email management. Google Apps for Ed lets the school district use its own domain names rather than Google.com.
Google Apps for Ed is alwaysfree to schools, so the effect of this contract will depend on whether these are simply services students can use, or if students are actually expected to do their work with Google Docs et al. If the latter, this would be a step toward establishing Google (and its cloudy ways) as the educational default, the way Apple’s educational program inserted Macishness into the brains of our young. One Google Account Per Child!
It will be interesting also, of course, if it decreases the purchase of other software; Google says it will save Oregon $1.5M, but doesn’t say how)

Secret straw poll guided Madison School Board deliberations

Gayle Worland:

Madison School Board members used a secret straw poll, conducted via e-mail, to guide their deliberations over how to close a nearly $30 million budget hole for next year.
The move has raised questions about whether the board violated the state open meetings law by coming to agreement on decisions before taking a public vote.
“In my opinion it violates the spirit of the open-meeting procedures, if not the exact letter,” said Peter Fox, executive director of the Wisconsin Newspaper Association.
But board president Arlene Silveira defended the process, saying the board sought to make its handling of the 2010-11 budget as transparent as possible. With more than 200 potential budget cuts proposed by district administrators, the board needed a way to streamline the process of reviewing the cuts, she said.

“Concerns about Collection of Student Data”

Representative John Kline (R-MN):

Rep. John Kline (R-MN), the U.S. House Education and Labor Committee’s senior Republican member, today warned sensitive student information could be at risk through vast data warehouses that collect private, personally identifiable information on school children. The committee heard testimony on the risks to students’ personal information during a hearing on data collection in the K-12 education system.
“Today’s hearing reinforces the need for federal, state, and local policymakers to ensure sensitive personal information about our children is safeguarded, and student and family privacy rights are protected. Efforts to collect vast troves of information on our students, tracking them from cradle to career, raise serious concerns,” said Kline. “Information on student performance, while important to a child’s success in the classroom and ensuring we have the best teachers serving in our schools, should not supersede our responsibility to protect a student’s personal information.”
The committee heard testimony from Professor Joel Reidenberg, academic director of the Center on Law and Information Policy at the Fordham University School of Law, who shared his research into security weaknesses in current state-based data systems and the potential that state data warehouses could be commandeered to create an unprecedented federal tracking system for maintaining private student information.

Colleges Turn From In-House E-mail To Free Gmail, One Considers Privacy and Other Issues

Libby Conn Franklin:

Cristin Frodella, a senior marketing manager for education at Google, says this is not a strategy to make money.
“We give it away for free now,” Frodella says. “We plan to always give it away for free. You know, Google actually started in the education world, and so we’d like to continue to support education. And we think this is a great way for us to support it.”
No ads, no charge — what’s the catch?
“That’s a very good question. The answer isn’t entirely clear,” says Christian Csar, a senior computer science major at Yale University.
He says he was troubled when he heard that Yale was planning to migrate student e-mail to Google. “There are some distinct privacy concerns because Google now has complete access to your e-mail in order to show it to you,” he says.
Frodella says students shouldn’t worry. “The school owns all of the student’s private data. We are not looking at it. The school owns all of it,” Frodella says.

India’s Right to Education Act: A Critique

Ajay Shah:

The `Right of Children to Free and Compulsory Education Act 2009′ (RTE Act) came into effect today, with much fanfare and an address by Prime Minister Manmohan Singh. In understanding the debates about this Act, a little background knowledge is required. Hence, in this self-contained 1500-word blog post, I start with a historical narrative, outline key features of the Act, describe its serious flaws, and suggest ways to address them.
Historical narrative
After independence, Article 45 under the newly framed Constitution stated that The state shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
As is evident, even after 60 years, universal elementary education remains a distant dream. Despite high enrolment rates of approximately 95% as per the Annual Status of Education Report (ASER 2009), 52.8% of children studying in 5th grade lack the reading skills expected at 2nd grade. Free and compulsory elementary education was made a fundamental right under Article 21 of the Constitution in December 2002, by the 86th Amendment. In translating this into action, the `Right of Children to Free and Compulsory Education Bill’ was drafted in 2005. This was revised and became an Act in August 2009, but was not notified for roughly 7 months.

Teachers fighting back in Florida

Valerie Strauss:

Even if you don’t live in Florida, you should pay attention to what is going on there.
Teachers, parents and even students in the Sunshine State call it the “Education Debacle.” And they are no longer sitting quietly, hoping that common sense will magically prevail with state legislators seemingly intent on passing legislation affectionately called a “hammer” on the teaching profession by its sponsor.
They are taking to the streets, literally and digitally, to transmit their horror over legislation that would end teacher job security, increase student testing and tie teacher pay to student test scores. It also prohibits school districts from taking into account experience, professional credentials or advanced degrees in teacher evaluation and pay.

Facebook privacy policy shift fires critics

David Gelles:

Facebook on Friday announced another round of changes to its privacy policy, including amendments that could allow the site to share user information automatically with third-party websites.
Certain websites could soon be “pre-approved” by Facebook, so that if a user is logged into Facebook and then visits the third-party website, it would receive information including the “names, profile pictures, gender, user IDs, connections and any content shared using the Everyone privacy setting” of a user and his or her friends.
The sites might be able to retain that information “to the extent permitted under their terms of service or privacy policies”.
Facebook said it would introduce the feature with a small group of partners and offer new controls for users to opt out.
However, the company could face resistance by users and advocates who see such a move as another invasion of privacy.

Education Funding Bias in Illinois: Lawsuit Filed

Michael Ciric:

In the State of Illinois, 65% of all education funding comes via property taxes. The state, meanwhile, contributes a measly 28%. Illinois’ contribution ranks one of the lowest rates in the nation. Yet, Illinois is still $853.5 Million in arrears to school districts around the state.
Property Tax funding of school districts has long been a controversial issue. The biggest argument, against this method of funding, is that poorer communities must pay higher property taxes in order to meet the minimum cost of educating a student than the affluent ones. Each year, the state must establish a funding “foundation level”. From that baseline and depending on property values, communities rely on different tax rates, along with expected state aid to arrive at the minimum cost of educating a student. This year that cost was determined to be $6,119 per pupil.

Home schooling: Why some countries welcome children being taught at home and others don’t

The Economist:

UNLIKE many of the “huddled masses yearning to breathe free” that have sought refuge in America, the Romeike family comes from a comfortable place: Bissingen an der Teck, a town in south-western Germany. Yet on January 26th an American immigration judge granted the Romeikes–a piano teacher, his wife and five children–political asylum, accepting their case that difficulties with home schooling their children created a reasonable fear of persecution.
Under Germany’s stringent rules, home schooling is allowed only in exceptional circumstances. Before emigrating, Mr and Mrs Romeike had been fined some €12,000 ($17,000); policemen had arrived at their house and forcibly taken their children to school. The Romeikes feared that the youngsters might soon be removed by the state.
In September 2006 the European Court of Human Rights ruled that Germany was within its rights to follow this approach. Schools represented society, it judged, and it was in the children’s interest to become part of that society. The parents’ right to raise their offspring did not go as far as depriving their children of the social experience of school.

Officials Allow Sex Offender to Live Near School

Gerry Shih:

A convicted sex offender has moved into a home across the street from Wildwood Elementary School in Piedmont, infuriating parents, who are asking school officials and the police why the 2006 state law mandating a minimum distance of 2,000 feet between schools and the residences of sex offenders is not being enforced.
But the Piedmont police, on the advice of county and state law enforcement officials, say there is nothing they can do.
On Feb. 12, James F. Donnelly, 71, a convicted sex offender, registered his new address as 256 Wildwood Avenue, where a blue-hued house overlooks Piedmont, Oakland’s upscale, uphill neighbor.
Shortly after Mr. Donnelly filed his registration, Chief John Hunt of the Piedmont police realized that the house was almost directly across from the school.
“We said, Wait, this can’t be, somebody dropped the ball,” Chief Hunt said in an interview.

Seattle Public Schools Appeal Discovery Math Implementation Court Loss

Martha McLaren:

Today we received notice of the Seattle School District’s decision to appeal the Decision of Judge Spector which required the SPS board to reconsider its high school math text adoption vote.
I am deeply disappointed that SPS will funnel more resources into this appeal, which, I suspect, will be more costly than following the judge’s instruction to reconsider.
Our attorney tells me: “…. I’ll put in a notice of appearance, and then we wait for the District to complete the record by having the documents and transcripts transmitted to the Court of Appeals. They write the first brief, due 45 days after the record is complete.

It’s not just Lower Merion!: Bronx school watches unwitting students via Webcam

Holly Otterbein

In this week’s A Million Stories, we explored the messy Webcam scandal that’s going down at Lower Merion School District. The district insists that it only peered through students’ Webcams in order to find lost or stolen laptops, and did so using a security software called LANrev. Insanely enough, Douglas Young, the district’s spokesperson, told us that it wasn’t the only school district using such software: “The software feature isn’t just utilized in this school district,” says Young. “It’s utilized by other school districts and organizations.” (He said he couldn’t name any offhand.)

Going with the Google for School District Email

Peter Sobol:

Technology director Bill Herman has migrated the district’s email over to Google. Our new email addresses are firstname.lastname@mgschools.net. You can still continue to use the old addresses so the change should be transparent from the outside. The change is motivated by a desire to provide a more reliable system with less maintenance and support.

A few related links:

To Lynch a Child: Bullying and Gender Non-Conformity in Our Nation’s Schools

Michael Higdon:

n January 2010, a 9-year old boy named Montana Lance hung himself in a bathroom at the Texas elementary school he attended. Although certainly shocking, such acts are unfortunately becoming less and less unusual. In fact, the suicide of Montana Lance is very reminiscent of what happened in April 2009 when two 11-year-old boys, one in Massachusetts and one in Georgia, likewise committed suicide just days apart. What would cause these children to end their lives? The answer in each case is the same: all three suffered extreme levels of victimization at the hands of school bullies–bullying that others have described as involving “relentless homophobic taunts.” And, as we can see from the fate of these three little boys, this form of harassment was obviously very traumatic.
In this article, I look at the growing problem of school bullying in America today. Now, almost all children are teased and most will even face at least some form of bullying during their childhood. However, studies reveal that some children will unfortunately become chronic victims of school bullying. Chief among that group are those children whose gender expression is at odds with what society considers “appropriate.” As my article explores, the gender stereotypes that exist within our society are frequently to blame for the more extreme levels of bullying currently being carried out in our nation’s schools. And the impact this bullying has on its victims is staggering. Earlier I mentioned three children who took their own lives as a result of bullying. These are but three examples of those who have lost their lives to gender-based bullying. However, there are countless other victims who, although not paying with their lives, are nonetheless paying dearly in other ways. Specifically, the psychological literature on the emotional impacts that befall these chronic victims of bullying reveals a whole host of resulting problems–debilitating consequences that can last a lifetime.

Pennsylvania High School Spying Update: Draconian Policies, Suspicious Software

Dan Nosowitz:

Two computer security experts, Aaron Rhodes and a man known by his pseudonym Stryde Hax, put together an eye-opening and well-researched attack on both the Lower Merion High School that’s been accused of spying on students and the software that was used to do it. In the process, they reveal some disturbing school policies regarding the use of the laptops, and the unnerving nature of the software itself.
The writers scoured forum activity, blog posts, and publicity videos made by one Mike Perbix, the Harriton High School technical security staffer who was in charge of the use of LANRev, the software in question. They also hunted down comments from some of the more tech-savvy members of the student body, who revealed some pretty startling policies regarding the laptops.
The main points: the school-supplied (and monitored) MacBooks were required for certain classes; the included Webcams could not be disabled; the laptops could not be “jailbroken” to circumvent the security measures (and any attempt could result in expulsion); and possession of a personal computer, meaning one other than the school-supplied MacBook, was forbidden and subject to confiscation. One example, from a student:

More here.

School District Laptop Snooping: district can’t discuss its cameras or other issues without alerting the plaintiff

Joseph Tanfani & Larry King:

The next time Lower Merion school administrators want to talk to students and parents about their laptop-camera controversy, they will have to get a lawyer’s blessing.
Not from their own lawyers, but the ones suing them on behalf of a Harriton High sophomore who claims the school invaded his home and his privacy by remotely snapping his image with the camera on his school-provided laptop.
The unusual order, signed by a federal judge yesterday, means those running the elite Lower Merion School District can’t say a word about the laptop cameras or any other issues in the suit without giving the other side a copy of what they want to say – plus six hours’ notice.
Such communication limits are commonplace in class-action litigation, but rare in the context of a school district at the center of what’s become a nationwide controversy.

Skydiving without Parachutes: Seattle Court Decision Against Discovery Math Implementation

Barry Garelick:

“What’s a court doing making a decision on math textbooks and curriculum?” This question and its associated harrumphs on various education blogs and online newspapers came in reaction to the February 4, 2010 ruling from the Superior court of King County that the Seattle school board’s adoption of a discovery type math curriculum for high school was “arbitrary and capricious”.
In fact, the court did not rule on the textbook or curriculum. Rather, it ruled on the school board’s process of decision making–more accurately, the lack thereof. The court ordered the school board to revisit the decision. Judge Julie Spector found that the school board ignored key evidence–like the declaration from the state’s Board of Education that the discovery math series under consideration was “mathematically unsound”, the state Office of the Superintendent of Public Instruction not recommending the curriculum and last but not least, information given to the board by citizens in public testimony.
The decision is an important one because it highlights what parents have known for a long time: School boards generally do what they want to do, evidence be damned. Discovery type math programs are adopted despite parent protests, despite evidence of experts and–judging by the case in Seattle–despite findings from the State Board of Education and the Superintendent of Public Instruction.

Key Curriculum Press Response to Seattle Discovery Math Court Decision

Charlie Mas:

Key Curriculum Press is in quite a snit over the Court’s decision about the high school textbooks.
Check out this web page they wrote in response.

Much more on the recent successful community vs. Seattle School District Discovery Math court case here.

School used student laptop webcams to spy on them at school and home

Cory Doctorow:

According to the filings in Blake J Robbins v Lower Merion School District (PA) et al, the laptops issued to high-school students in the well-heeled Philly suburb have webcams that can be covertly activated by the schools’ administrators, who have used this facility to spy on students and even their families. The issue came to light when the Robbins’s child was disciplined for “improper behavior in his home” and the Vice Principal used a photo taken by the webcam as evidence. The suit is a class action, brought on behalf of all students issued with these machines.
If true, these allegations are about as creepy as they come. I don’t know about you, but I often have the laptop in the room while I’m getting dressed, having private discussions with my family, and so on. The idea that a school district would not only spy on its students’ clickstreams and emails (bad enough), but also use these machines as AV bugs is purely horrifying.

Unionized Rhode Island Teachers Refuse To Work 25 Minutes More Per Day, So Town Fires All Of Them

Henry Blodget:

A school superintendent in Rhode Island is trying to fix an abysmally bad school system.
Her plan calls for teachers at a local high school to work 25 minutes longer per day, each lunch with students once in a while, and help with tutoring. The teachers’ union has refused to accept these apparently onerous demands.
The teachers at the high school make $70,000-$78,000, as compared to a median income in the town of $22,000. This exemplifies a nationwide trend in which public sector workers make far more than their private-sector counterparts (with better benefits).

Jennifer Jordan & Linda Borg:

After learning of the union’s position, School Supt. Frances Gallo notified the state that she was switching to an alternative she was hoping to avoid: firing the entire staff at Central Falls High School. In total, about 100 teachers, administrators and assistants will lose their jobs.
Gallo blamed the union’s “callous disregard” for the situation, saying union leaders “knew full well what would happen” if they rejected the six conditions Gallo said were crucial to improving the school. The conditions are adding 25 minutes to the school day, providing tutoring on a rotating schedule before and after school, eating lunch with students once a week, submitting to more rigorous evaluations, attending weekly after-school planning sessions with other teachers and participating in two weeks of training in the summer.
The high school’s 74 teachers will receive letters during school vacation advising them to attend a Feb. 22 meeting where each will be handed a termination notice that takes effect for the 2010-’11 school year, Gallo said.

An exchange with the director of the Washington State Board of Education

Martha McLaren:

Here is an open letter which I sent last night to Edie Harding, Executive Director of the State Board of Education. Under the letter I have paraphrased her reply; below that is my response to her.
I am responding to your comment today in the Seattle Times:
‘ “It’s long been established that in our state, the local board is always the prime decision-maker on curriculum.” ….the Seattle decision was “a surprise, and if I were the Seattle School Board, I would — well, I might take issue with the judge,” she added.’
Having been one of the plaintiffs in the recent textbook appeal in Seattle, I’m well aware that School Boards make curriculum decisions. However, Ms. Harding, what recourse do you suggest to parents when School Boards abdicate their decision making power – refusing to consider voluminous, compelling, evidence from parents and community members, and instead give school administrators carte blanch to turn math education in directions that are unacceptable to informed parents and community members?

More on the Successful Seattle Lawsuit against Discovering Math

Laurie Rogers:

Decision favors plaintiffs in court challenge of Seattle math text adoption
Statement from Laurie Rogers:
Last year, Seattle Public Schools adopted the Discovering math series despite valiant opposition from parents and math professionals, despite poor assessments of the Discovering series’ rigor and adherence to the new state math standards, and despite the fact that OSPI did NOT ultimately recommend the Discovering math series.
In response, three people filed a lawsuit, saying that Seattle didn’t have sufficient supporting evidence for its adoption, and also that the Discovering series was associated with an INCREASE in achievement gaps.
Recently, a judge agreed with the plaintiffs and – while stopping short of telling Seattle to cease and desist in their adoption – told Seattle to revisit its adoption. The district can continue to use the Discovering series, and Seattle administrators have stated their clear intention to do so.
Nevertheless, the court decision is momentous. It sets a precedent for districts across the country. When board members can’t justify their adoption decisions, the people now have legal recourse.

Who Owns Student Work?

Meredith Davis:

A number of years ago, curious about the ownership of student work produced in a class, I asked a lawyer friend who specializes in art and design copyright law if schools had the right to reproduce student work in their recruitment publicity without the students’ permission. He informed me that the student, despite advice from faculty who may have shaped the work, owns the work and that written permission must be secured before it could be reproduced. He also said such works could be considered student records and recruitment results in some benefit to the institution that exceeds any reading of the “fair use” practices of educational institutions (i.e. those that might be applied to the use of lecture slides for a class).
This reading of the law is at odds with the prevailing opinion of many schools that the student would not have produced work of a particular quality under his or her own resources, and therefore, that faculty have some “ownership rights” in the output of any class. Since that time I have been very careful to ask students first about any public use of their work, even in lectures I give at other schools, and I always credit the work with their names and give students the details on the presentation venues for their resumes. My lawyer friend told me that statements in college catalogs claiming that the institution retains ownership of work produced in a class wouldn’t hold up in court; unless the maker is an employee of the institution/company or has signed away rights through some explicit agreement, ownership is retained by the maker. Other attorneys may have different interpretations, and I don’t profess to be a legal expert, but the ownership of work produced by students is certainly something to think about.

Response to Danny Westneat 1/27 Math column in Seattle Times

Martha McLaren:

I am one of the three plaintiffs in the math textbook appeal. I am also the white grandmother of an SPS fifth grader, and a retired SPS math teacher.
Mr. Westneat grants that the textbooks we are opposing may be “lousy,” but he faults us for citing their disproportionate effect on ethnic, racial, and other minorities. He states that we can’t prove this claim. I disagree, and West Seattle Dan has posted voluminous statistics in response to the column. They support our claim that inquiry-based texts, which have now accrued a sizable track record, are generally associated with declining achievement among most students and with a widening achievement gap between middle class whites and minorities.
We’ve brought race and ethnicity (as well as economic status) into this appeal because there is ample evidence that it is a factor. True, this is not the 80’s, and true, in my 10 years of experience teaching in Seattle Schools, I found no evidence that people of color are less capable than whites of being outstanding learners. However, in my 30+ years as a parent and grandparent of SPS students and my years as a teacher, I’ve developed deep, broad, awareness of the ways that centuries of societally mandated racism play out in our classrooms, even in this era of Barack Obama’s presidency.

Georgia Tech president: No guns on campus

Maureen Downey, via email:

G.P. “Bud” Peterson, president of Georgia Tech, sat down with writers at the AJC today and made clear that he did not support the pending legislation in the Georgia General Assembly to allow guns on college campuses. (We talked about other education issues that I will write about later.)
Under a bill in the House, Georgia gun owners with conceal carry permits could bring their guns everywhere except the courthouse and the jailhouse. The restrictions on churches and campuses would be lifted.
Georgia Tech President Bud Peterson says “absolutely not” to guns on his campus in an interview Wednesday with the AJC
“Absolutely not,” said Peterson, who was appointed as the 11th president of Georgia Tech in April after serving as chancellor at the University of Colorado at Boulder and provost at Rensselaer Polytechnic Institute in New York. In addition, Peterson has held various positions at Texas A&M University and taught mathematics, physics and chemistry in Kansas.
In other words, this man has been around students and on campuses all his life and he doesn’t believe that guns will better protect students.
But let him do the talking.

Lawsuit Challenging the Seattle School District’s use of “Discovering Mathematics” Goes to Trial

Martha McLaren, DaZanne Porter, and Cliff Mass:

Today Cliff Mass and I, (DaZanne Porter had to be at a training in Yakima) accompanied by Dan Dempsey and Jim W, had our hearing in Judge Julie Spector’s King County Superior Courtroom; the event was everything we hoped for, and more. Judge Spector asked excellent questions and said that she hopes to announce a decision by Friday, February 12th.
The hearing started on time at 8:30 AM with several members of the Press Corps present, including KIRO TV, KPLU radio, Danny Westneat of the Seattle Times, and at least 3 others. I know the number because, at the end, Cliff, our attorney, Keith Scully, and I were interviewed; there were five microphones and three cameras pointed towards us at one point.
The hearing was brief; we were done by 9:15. Keith began by presenting our case very clearly and eloquently. Our two main lines of reasoning are, 1) that the vote to adopt Discovering was arbitrary and capricious because of the board’s failure to take notice of a plethora of testimony, data, and other information which raised red flags about the efficacy of the Discovering series, and 2) the vote violated the equal education rights of the minority groups who have been shown, through WASL scores, to be disadvantaged by inquiry based instruction.
Realistically, both of these arguments are difficult to prove: “arbitrary and capricious” is historically a very, very difficult proof, and while Keith’s civil rights argument was quite compelling, there is no legal precedent for applying the law to this situation.
The School District’s attorney, Shannon McMinimee, did her best, saying that the board followed correct procedure, the content of the books is not relevant to the appeal, the books do not represent inquiry-based learning but a “balanced” approach, textbooks are merely tools, etc., etc. She even denigrated the WASL – a new angle in this case. In rebuttal, Keith was terrific, we all agreed. He quoted the introduction of the three texts, which made it crystal clear that these books are about “exploration.” I’m blanking on other details of his rebuttal, but it was crisp and effective. Keith was extremely effective, IMHO. Hopefully, Dan, James, and Cliff can recall more details of the rebuttal.

Associated Press:

A lawsuit challenging the Seattle School District’s math curriculum went to trial Monday in King County Superior Court.
A group of parents and teachers say the “Discovering Math” series adopted last year does a poor job, especially with minority students who are seeing an achievement gap widen.
A spokeswoman for the Seattle School District, Teresa Wippel, says it has no comment on pending litigation.
KOMO-TV reports the district has already spent $1.2 million on Discovering Math books and teacher training.

Cliff Mass:

On Tuesday, January 26th, at 8:30 AM, King County Superior Court Judge Julie Spector will consider an appeal by a group of Seattle residents (including yours truly) regarding the selection by Seattle Public Schools of the Discovering Math series in their high schools. Although this issue is coming to a head in Seattle it influences all of you in profound ways.
In this appeal we provide clear evidence that the Discovery Math approach worsens the achievement gap between minority/disadvantaged students and their peers. We show that the Board and District failed to consider key evidence and voluminous testimony, and acted arbitrarily and capriciously by choosing a teaching method that was demonstrated to produce a stagnant or increasing achievement gap. We request that the Seattle Schools rescind their decision and re-open the textbook consideration for high school.

A National Survey on Mothers’ Attitude on Fathering

National Fatherhood Initiative:

On December 1, 2009, National Fatherhood Initiative (NFI) released Mama Says: A National Survey of Mothers’ Attitudes on Fathering, the first-ever national survey taking an in-depth look at how today’s mothers view fathers and fatherhood.
Conducted online by the University of Texas Office of Survey Research, Mama Says surveyed 1,533 mothers over the age of 18 with at least one child in the home under the age of 18. They were asked a series of over 80 questions dealing with a range of topics, such as their general opinions about fatherhood, views on work-family balance, and obstacles to good fathering.
The study is a companion piece to NFI’s 2006 study, Pop’s Culture: A National Survey of Dads’ Attitudes on Fathering. The report was co-authored by Dr. Norval Glenn, PhD. and Dr. Barbara Dafoe Whitehead, PhD.

90 cameras to be installed outside Chicago Public schools

Fran Spielman:

Ninety cameras will be installed outside Fenger and 39 other Chicago Public high schools to stop what Mayor Daley called the ugly “epidemic of children killing children,” thanks to a $2.25 million gift from the banking giant that employs the mayor’s brother.
Last year, a bloody weekend for CPS students prompted Daley to link 4,844 cameras inside schools and 1,437 exterior school cameras to police districts, squad cars and the 911 center. Until that time, real-time video from school cameras was accessible only to school security.
Thanks to J.P. Morgan Chase, where William Daley serves as Midwest chairman, 40 more high schools will get exterior cameras. They include Fenger, where 16-year-old Derrion Albert was beaten to death in September during a brawl captured on videotape and played around the world.
Another camera will be installed outside Walter H. Dyett High School, 555 E. 51st St., where two students have been murdered this year.

Facebook Target of FTC Privacy Complaint

David Coursey:

Ten privacy groups have filed a complaint with the Federal Trade Commission over recent changes to Facebook’s privacy policy.
Led by the Electronic Privacy Information Center (EPIC), the groups criticize Facebook for changes that made previously private information public.
“More than 100 million people in the United States subscribe to the Facebook service,” Marc Rotenberg, EPIC’s executive director, said Thursday in a prepared statement. “The company should not be allowed to turn down the privacy dial on so many American consumers.”
In response, Facebook said it was “disappointed” that EPIC took its complaints to the FTC instead of the company itself.

National education group gives N.J. charter school laws a ‘C’ grade

Jeannette Rundquist:

New Jersey’s laws governing charter schools received a “C” from a Washington, D.C. non-profit group that ranked the statutes governing charter schools across the nation.
The Center for Education Reform, which advocates for charter schools and school choice, found New Jersey’s laws fell right in the middle — 17th strongest — among the 40 states and districts that allow charter schools.
Only three places received an “A”: California, Minnesota and the District of Columbia. And only 13 of 40 states have strong laws that do not require revision, according to the report released today.

Australia’s child-migration horror

The Economist:

CEREMONIES in the Great Hall of Parliament House in Canberra are typically attended by visiting royals, heads of state and other dignitaries. On November 16th several hundred ordinary, middle-aged Australians, with pain in their faces and tears in their eyes, packed the hall to witness a ceremony devoted to them. It seemed a miracle that many were there at all. Shipped from Britain as youngsters, or plucked from broken homes and single mothers in Australia, some suffered childhoods spent in orphanages where violence, sexual abuse and humiliation were rife. Some of their peers killed themselves.
After years of campaigning, survivors gathered to hear Kevin Rudd, the prime minister, offer a formal apology for this “great evil”. It was the second such apology Mr Rudd has offered in under two years. Early last year, he began his government’s first term by apologising to the “stolen generations”: children, many of mixed race, taken by the authorities from aboriginal families. In all, by 1970 over 500,000 “stolen”, migrant and non-indigenous children had been placed in church, charity and government institutions.
Mr Rudd’s latest apology has focused attention on Britain’s grim “child migration” scheme, under which children as young as three were sent to the former colonies of Canada, Australia, New Zealand and South Africa, often without their parents’ knowledge or consent. One motive was racial: the young countries wanted “British stock”. Australia took about 10,000 children, most of them after Canada reduced its intake in the 1940s.

Laid Off DC Teachers Criticize Union’s Efforts to Help Them Keep Their Jobs

Kavitha Cardoza:

After losing a court challenge, several teachers laid off from D.C. public schools are now criticizing the union for not being proactive enough in helping them keep their jobs.
Crystal Proctor is one of several teachers who say union lawyers were not well prepared in court when they argued in favor of reinstating the more than 250 teachers. “We don’t think that the legal representation was competent,” says Proctor. “Watching our attorney perform, it was laughable. It was ridiculous.”
Another teacher Natasha Mason says she didn’t get replies when she sent emails to her union representative. She says she’s gotten “nothing” out of her membership. “I’m totally disappointed,” says Mason. “It’s a pity we’ve been paying all this money into people to protect us and represent us and to stand up for what our rights are none of it has been done.”

Youths see all parental control negatively when there’s a lot of it

Science Codex:

A new study has found that young people feel differently about two types of parental control, generally viewing a type of control that’s thought to be better for their development more positively. However, when parents are very controlling, young people no longer make this distinction and view both types of parental control negatively.
The study, conducted in the United States by researchers at Örebro University in Sweden, appears in the November/December 2009 issue of the journal Child Development. Unlike a lot of prior research on parenting that’s focused on control, this study looked at how adolescents view and react to parental control.
Scholars tell us that parental control falls into two categories: behavioral control (when parents help their children regulate themselves and feel competent by providing supervision, setting limits, and establishing rules) and psychological control (when parents are manipulative in their behavior, often resulting in feelings of guilt, rejection, or not being loved). It’s thought that behavioral control is better for youngsters’ development.

Seattle Race Based School Assignment Policy Legal & Community Issues

via a kind reader’s email:

The case was brought by Seattle parents who challenged the use of race in assigning students to schools, arguing it violated the Constitution’s right of equal protection. The ruling was celebrated by those who favor color-blind policies, but criticized by civil rights groups as a further erosion of Brown vs. Board of Education, the landmark 1954 case that outlawed school segregation.”
The results of this lawsuit in the Seattle Public School district are very discouraging, especially the disparity in income, race and available resources between “south end” and “north end” schools. A new school assignment plan currently being implemented for 2010-2011 will only relegate neighborhoods of color to the poorest schools in the district. The blog http://saveseattleschools.blogspot.com/, while mostly dealing with “north end” problems like APP programs and such, the fact that children will be forced into neighborhood schools is dividing an already divided district. Rainier Beach High School, for instance, demographic data indicates Caucasians at less than 7% and an African American at more than 65%, a graduation rate of 37% and test scores at the bottom of the barrel.

Children’s Educational Records and Privacy

Joel R. Reidenberg, Jamela Debelak and others [Complete Report: 888K PDF]:

A Study of Elementary and Secondary School State Reporting Systems
Following the No Child Left Behind mandate to improve school quality, there has been a growing trend among state departments of education to establish statewide longitudinal databases of personally identifiable information for all K-12 children within a state in order to track progress and change over time. This trend is accompanied by a movement to create uniform data collection systems so that each state’s student data systems are interoperable with one another. This Study examines the privacy concerns implicated by these trends.
The Study reports on the results of a survey of all fifty states and finds that state educational databases across the country ignore key privacy protections for the nation’s K-12 children. The Study finds that large amounts of personally identifiable data and sensitive personal information about children are stored by the state departments of education in electronic warehouses or for the states by third party vendors. These data warehouses typically lack adequate privacy protections, such as clear access and use restrictions and data retention policies, are often not compliant with the Family Educational Rights and Privacy Act, and leave K-12 children unprotected from data misuse, improper data release, and data breaches. The Study provides recommendations for best practices and legislative reform to address these privacy problems.

Illinois Prosecutors Turn Tables on Student Journalists

Monica Davey:

For more than a decade, classes of students at Northwestern University’s journalism school have been scrutinizing the work of prosecutors and the police. The investigations into old crimes, as part of the Medill Innocence Project, have helped lead to the release of 11 inmates, the project’s director says, and an Illinois governor once cited those wrongful convictions as he announced he was commuting the sentences of everyone on death row.
But as the Medill Innocence Project is raising concerns about another case, that of a man convicted in a murder 31 years ago, a hearing has been scheduled next month in Cook County Circuit Court on an unusual request: Local prosecutors have subpoenaed the grades, grading criteria, class syllabus, expense reports and e-mail messages of the journalism students themselves.
The prosecutors, it seems, wish to scrutinize the methods of the students this time. The university is fighting the subpoenas.

Parents banned from watching their children in playgrounds… in case they are paedophiles Read more: http://www.dailymail.co.uk/news/article-1223528/Parents-banned-supervising-children-playgrounds–case-paedophiles.html#ixzz0VI3l2cFH

Laura Clark:

Parents are being banned from playing with their children in council recreation areas because they have not been vetted by police.
Mothers and fathers are being forced to watch their children from outside perimeter fences because of fears they could be paedophiles.
Watford Council was branded a ‘disgrace’ yesterday after excluding parents from two fenced-off adventure playgrounds unless they first undergo criminal record checks.

Broward Teachers Union Says School District Officials Kept Scores of Emails From School Board Members

Patricia Mazzei:

The Broward Teachers Union accused the school district Thursday of blocking hundreds of e-mails sent by school employees to School Board members since March — without board members’ knowledge.
The union says e-mails about teacher raises, use of federal stimulus money and employee contract negotiations never made it to board members’ in-boxes — or to their junk e-mail folders. Instead, they were filed away on a server and never read.
BTU lawyers sent Board Chairwoman Maureen Dinnen and board attorney Edward Marko a letter Thursday asking the district to stop blocking e-mails and threatening to sue if they don’t do so by Oct. 26.
The letter argues blocking e-mails violates the sender’s and the receiver’s constitutional rights under U.S. and Florida laws.
Superintendent Jim Notter said district attorneys were reviewing BTU’s letter. He questioned its timing, with the district in the throes of negotiating a contract with the union. BTU has asked for an average 4 percent pay increase. The district isn’t offering any raise, but has offered to pick up the difference in employee health insurance.
“Unfortunately we’re back in a position where it’s adversarial,” Notter said.

Christian Girls, Interrupted

Willieam McGurn:

Two Christian girls. Two sets of distraught parents. And two state courts smack in the middle of it.
One of these courts is in New Hampshire, where a judge recently ordered that home-schooled Amanda Kurowski be sent to public school. The order signed by Family Court Justice Lucinda V. Sandler says the 10-year-old’s Christian faith could use some shaking up–and that the local public school is just the place to do it. So while the child’s lawyers at the Alliance Defense Fund, a Christian legal outfit, filed a motion asking the judge to reconsider, last week Amanda started fifth grade at a local public school.
At about the same time Miss Kurowski was starting school in New Hampshire, a state court in Florida was considering what to do with 17-year-old Rifqa Bary. Miss Bary fled to Florida from Ohio a few weeks back, where she sought refuge with a Christian couple whose church she had learned about on Facebook. She says she ran away from home because her father discovered she’d become a Christian–and then threatened to kill her. On Thursday, Circuit Judge Daniel Dawson ordered the girl and her family to try mediation and set a pretrial hearing for the end of the month.

School safety ‘insult’ to Pullman

BBC:

Several high-profile authors are to stop visiting schools in protest at new laws requiring them to be vetted to work with youngsters.
Philip Pullman, author of fantasy trilogy His Dark Materials, said the idea was “ludicrous and insulting”.
Former children’s laureates Anne Fine and Michael Morpurgo have hit out at the scheme which costs £64 per person.
Officials say the checks have been misunderstood and authors will only need them if they go to schools often.
The Home Office says the change from October will help protect children.
The measure was drafted in response to recommendations made by the inquiry into the murders of Holly Wells and Jessica Chapman in 2002, by school caretaker Ian Huntley.

A Privacy Law That Protects Students, and Colleges, Too

Chriss Herring:

A law designed to keep college students’ grades private often is used for a much different purpose — to shield universities from potentially embarrassing situations.
Some critics say a number of schools are deliberately misreading the Family Educational Rights and Privacy Act in order to keep scandals and other unflattering news from hitting the media. “Some schools have good-faith misunderstandings of the law, but there are others that simply see this as a handy excuse to hide behind,” says Frank LoMonte, executive director of the Student Press Law Center, which provides student journalists with legal help.
Legal experts say part of the problem is that the law is loosely defined. In addition, the potential consequences of violating the law — namely, that schools would lose their federal funding — prompt university officials to be conservative in their decisions about releasing information.
Those complaints rankle advocates of student privacy, who say that, if anything, the three-decade-old law should be expanded. “Most of these kids are adults, and they should be able to make their own decisions,” says Daren Bakst, president of the Council on Law in Higher Education.

Gifted education audit in Waukesha

Amy Hetzner
Journal Sentinel
June 4, 2009

In the year that the Waukesha School District laid off all but one staff member devoted to gifted and talented education, identification of students for the gifted program dropped 29%, according to an audit by the state Department of Public Instruction.
Nominations of students for the gifted program dropped even more — by 65% — in the 2007-’08 school year. This followed a school year in which nominations and identifications already were down from the year before.
At the time they made the GT staff cuts, Waukesha school board members said they hoped that regular classroom teachers would take on the task of providing special programming for gifted students, as required by state law.
But district officials acknowledge difficulty without specialty staff.
“Any time you have budget reductions it is going to have an effect,” Ben Hunsanger, Waukesha’s new GT coordinator, said in an e-mail. “There was a drop in GT identifications because we lost GT resource teachers. The GT student population also lost direct resources as a result of the staffing reductions.”
In an April letter to Waukesha’s superintendent, the DPI recommended the district refine its methods for identifying students as gifted and talented and provide professional development for staff on providing special services for such students.
The state audit was performed after a group of district parents filed a complaint last year alleging numerous deficiencies in Waukesha’s program for gifted students.
One of those parents, Amy Gilgenbach, said she wishes the audit had focused less on policy corrections and more with what was going on in the program itself. She said the state agency should have looked into what happened to instruction due to the loss in staffing.
“At the elementary level, when you have already overburdened teachers with 28 or more kids in their classes and then expect them to take on added responsibilities without additional training or instruction, obviously you’re not creating a good situation for GT students in those classes,” she wrote in an e-mail.
“At the middle and high school levels, not having appropriate guidance and course selections and potential college and career paths is a huge pitfall for GT students.”

Extensive Cheating found at an Ohio High School

Andrew Welsh-Huggins:

An Ohio school district says it uncovered a cheating scheme so pervasive that it had to cancel graduation ceremonies for its 60 seniors — but will still mail their diplomas.
A senior at Centerburg High School accessed teachers’ computers, found tests, printed them and distributed them to classmates, administrators said.
Graduation was canceled because so many seniors either cheated or knew about the cheating but failed to report it, said officials of the Centerburg School District.
Superintendent Dorothy Holden said the district had to take a stand and let students know that cheating can’t be tolerated.
“I am alarmed that our kids can think that in society it’s OK to cheat, it’s a big prank, it’s OK to turn away and not be a whistle-blower, not come forth,” Holden said.

Related: Cringely on Cyber Warfare.

School data: School Performance Reports

The School Performance Report is the annual “report card” that is required under Wisconsin law (Wi.Stat.115.38) to be compiled and published for each public school and public school district. DPI’s recent announcement (noted here) that selected School Performance Report information will now be available online at the DPI web site is a step in the right direction, but this important tool for school accountability and information for parents and the public has yet to reach its full potential, due to inconsistent compliance with the requirements of the reporting law.
The School Performance Report has been required since 1991. The items that are to be included in each report are (emphases added):

(a) Indicators of academic achievement, including the performance of pupils on the tests administered under s. 121.02 (1) (r) and the performance of pupils, by subject area, on the statewide assessment examinations administered under s. 118.30.
(b) 1. Other indicators of school and school district performance, including dropout, attendance, retention in grade and graduation rates; percentage of habitual truants, as defined in s. 118.16 (1) (a); percentage of pupils participating in extracurricular and community activities and advanced placement courses; percentage of graduates enrolled in postsecondary educational programs; and percentage of graduates entering the workforce.
2. The numbers of suspensions and expulsions; the reasons for which pupils are suspended or expelled, reported according to categories specified by the state superintendent; the length of time for which pupils are expelled, reported according to categories specified by the state superintendent; whether pupils return to school after their expulsion; the educational programs and services, if any, provided to pupils during their expulsions, reported according to categories specified by the state superintendent; the schools attended by pupils who are suspended or expelled; and the grade, sex and ethnicity of pupils who are suspended or expelled and whether the pupils are children with disabilities, as defined in s. 115.76 (5).
(c) Staffing and financial data information, as determined by the state superintendent, not to exceed 10 items. The state superintendent may not request a school board to provide information solely for the purpose of including the information in the report under this paragraph.
(d) The number and percentage of resident pupils attending a course in a nonresident school district under s. 118.52, the number of nonresident pupils attending a course in the school district under s. 118.52, and the courses taken by those pupils.
(e) The method of reading instruction used in the school district and the textbook series used to teach reading in the school district.

It should be noted (and is acknowledged by DPI) that the School Performance Report information on the DPI site does not cover all of these items.
In 2005, the statute was amended to require that parents be alerted to the existence and availability of the report and given the opportunity to request a copy, and to require that each school district with a web site post the report on its web site (amended language italicized below):

Annually by January 1, each school board shall notify the parent or guardian of each pupil enrolled in the school district of the right to request a school and school district performance report under this subsection. Annually by May [amended from January] 1, each school board shall, upon request, distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the state superintendent under sub. (1). The report shall also include a comparison of the school district’s performance under sub. (1) (a) and (b) with the performance of other school districts in the same athletic conference under sub. (1) (a) and (b). If the school district maintains an Internet site, the report shall be made available to the public at that site.

This information, if fully compiled and made available as intended by the statute, could be a valuable resource to parents and the public (answering, perhaps, some of the questions in this discussion). There may be parents who are unaware that this “report card” exists, and would benefit from receiving the notice that the statute requires. For parents without access to the Internet, the right to request a hard copy of the report may be their only access to this information.
Districts who do not post their School Performance Reports on their web sites may do well to follow the example of the Kenosha School District, which does a good job of highlighting its School Performance Reports (including drop-down menus by school) on the home page of its web site.

Five MBA students face up to the economic realities

The Economist:

Over the course of one week, Which MBA? followed the fortunes of five MBA students from Northwestern University’s Kellogg School of Management, graduating into one of the toughest jobs markets in memory.
Day one: Daianna
Last summer, The Economist called business schools “ports in a storm,” (see article) such was the surge in applications from prospective students seeking to ride out the recession. Almost a year on, students have seen an economy that looked bad when they first applied grow much, much worse. As the spring term comes to an end, rumour has it that nearly half of my fellow MBAs are still without summer internships or full-time offers. Fierce headwinds face us as we sail back out into the world.
Whatever the initial motives for enrolling, few go to business school without the belief that an MBA will put them on a fast-track to bigger and better things upon graduation. That’s certainly what I had in mind when I left my job, salary and friends to move to Chicago to pursue a two-year, full-time MBA at Kellogg. I wanted to expand my business skills at a top-ranked school in order to change from a career primarily at non-profit organisations to a more traditional role at a prominent company in the private sector.

Don’t boycott school lunch, district tells Nuestro Mundo

Mary Ellen Gabriel:

A group of fourth-graders at Nuestro Mundo Elementary School had planned to remain in their classroom through lunch and recess Friday, enjoying a meal of fresh fruit, vegetables and homemade pasta at cloth-covered tables with flower centerpieces.


The group from Joshua Forehand’s class, which calls itself BCSL (“Boycott School Lunch”) formed to protest what they see as unhealthy food offered in the school’s cafeteria, but they scrapped their plan to host a “Good Real Food” picnic after Assistant Superintendent Sue Abplanalp called school administrators and parents to discourage it.


“There were too many obstacles,” Abplanalp said in an interview, citing the possibility of allergy-causing ingredients in shared homemade food, lack of adequate supervision, and the presence of the news media as major concerns.



“We want students’ voices to be heard. This just seemed to come together too fast, without various issues being addressed.”



When asked if the district feared negative publicity, Abplanalp said no. Instead she cited student privacy as a major concern.



“We have strict guidelines about the media interviewing students on school grounds. The principal maintains a list of kids whose parents have given permission for media exposure.”

Parents can fight ‘sexting’ stupidity

Laurel Walker:


Is there a difference between a stupid teen trick – passing around a girl’s naked picture she’d earlier provided her now-ex-boyfriend – and child molestation?
Without a doubt.
Is there a difference even between that stupid teen behavior and being a teenager who threatens to use naked pictures obtained under a ruse as ammo for extorting sex?
Of course.
But under state law, all of them could become convicted felons who land on the state’s registry of sex offenders, leaving little distance between them. They would, most likely, be vilified and haunted by the label for decades, if not life, and increasingly told by communities where they can and cannot live.
Dangerous, devious sex offenders who are a risk to public safety deserve it.
Teens with unbelievably cavalier attitudes about sexual limits, to the point of stupidity, do not.
Parents, educators, communities and – we can only hope – kids have had their eyes opened by recent, revolting revelations.
The earlier case, as described in criminal charges, involved since-expelled New Berlin Eisenhower student Anthony Stancl, 18, who, pretending to be a girl on Facebook, got at least 31 boys to send him pictures of themselves naked. Threatening to circulate the pictures to schoolmates, he coerced at least seven of them into sex acts.

World Chess Queen is a Model Player

Evan Benn:

The best women’s chess player in the world flipped a dirty diaper into the trash as she pondered her next move after a dominating year.
“I want to open a chess academy online, keep training, doing the podcast,” says south Floridian Alexandra Kosteniuk. “But right now, my priority is being a mother.”
Kosteniuk, 24, won the Women’s World Chess Championship in her homeland, Russia, in September. After several months of travelling the globe, Kosteniuk, her husband, Diego Garces, and their 20-month-old daughter Francesca are home.
About 3,000 people subscribe to her podcast at chessiscool.com, and about 10,000 others log on each month to her website, where they can see photos of Kosteniuk in bikinis and buy her instructional DVDs. “It’s the most popular chess site out there,” says her husband, 49, who is also her webmaster and publicist.

School Efforts to Stem Violence Offer A Textbook Case of Limits on Speech

Dan Slater:

With the nation’s school systems roiled by campus shootings over the past decade, and on the lookout for conflict, students are being asked to check a broader array of free-speech rights at the door — raising questions about what lesson that is teaching them.
Public-school administrators are hewing to a zero-tolerance policy on expression they believe incites violence, and they are doing so with the backing of the courts. Controversial clothing has been a common casualty. Struggling with racial tensions at his high school, a principal in Maryville, Tenn., banned depictions of the Confederate flag in 2005 and was supported by a federal court. Last month, the Aurora Frontier K-8 School in Aurora, Colo., suspended an 11-year-old who refused to remove a homemade T-shirt that read, “Obama is a terrorist’s best friend.” The shirt caused “a very loud argument on the playground,” according to a statement from the school.
Since such actions stem from a concern over the safety of adolescents, even free-speech advocates acknowledge a need for some degree of deference to educators. But an argument of imminent danger is hard to make in many of these cases. Some think educators may be inadvertently teaching children that suppressing speech is the ready solution to ideological conflict.

Put young children on DNA list, urge police

Mark Townsend & Anushka Asthana:

Primary school children should be eligible for the DNA database if they exhibit behaviour indicating they may become criminals in later life, according to Britain’s most senior police forensics expert.
Gary Pugh, director of forensic sciences at Scotland Yard and the new DNA spokesman for the Association of Chief Police Officers (Acpo), said a debate was needed on how far Britain should go in identifying potential offenders, given that some experts believe it is possible to identify future offending traits in children as young as five.
‘If we have a primary means of identifying people before they offend, then in the long-term the benefits of targeting younger people are extremely large,’ said Pugh. ‘You could argue the younger the better. Criminologists say some people will grow out of crime; others won’t. We have to find who are possibly going to be the biggest threat to society.’
Pugh admitted that the deeply controversial suggestion raised issues of parental consent, potential stigmatisation and the role of teachers in identifying future offenders, but said society needed an open, mature discussion on how best to tackle crime before it took place. There are currently 4.5 million genetic samples on the UK database – the largest in Europe – but police believe more are required to reduce crime further. ‘The number of unsolved crimes says we are not sampling enough of the right people,’ Pugh told The Observer. However, he said the notion of universal sampling – everyone being forced to give their genetic samples to the database – is currently prohibited by cost and logistics.

Via Bruce Schneier.

Accelerated Biology Update: “Lies, Damn Lies and Statistics”?

When last I wrote about the status of Accelerated Biology at West HS, I was waiting to hear back from Assistant Superintendent Pam Nash. I had written to Pam on June 8 about how the promised second section of the course never had a chance, given the statistical procedure they used to admit students for next year.
On June 11, I wrote to Pam again, this time including Superintendent Rainwater. I said to them “I do hope one of you intends to respond to [my previous email]. I hope you appreciate what it looks like out in the community. Either the selection system was deliberately designed to preclude the need for two sections (in which case the promise of two sections was completely disingenuous) or someone’s lack of facility with statistical procedures is showing.” I heard back from Art right away. He said that one of them would respond by the end of the week.
On 6/13, he did, indeed, write:

Laurie,
I finally have time to reply to your concerns. In our meeting I agreed that selecting an arbitrary number of 20 students for accelerated biology was not fair. I agreed to examine this and develop a process that would allow all students who meet a set criteria to be provided the accelerated biology class. I used two sections as an example. Obviously it would be just as wrong to set an arbitrary 2 sections as it would be to set 20 as an arbitrary number. Our intent was to set a cut score on the placement test and allow everyone who met the cut score to be enrolled in the class. After reviewing the previous years test data we selected the mean score of the last student admitted over the past several years. I understand that you believe that is not the way to select. However, I am very comfortable with this approach and approved it as the means of selecting who can be enrolled. Thank you for your continued concern about these issues. Please feel free to bring to my attention any other inequities that you see in our curriculum.
Art

I quickly replied, twice. Here is my first reply (6/13):

Quickly, I have one question, Art (and will likely write more later). Each year, four slots are reserved for additional students to get into the Accel Bio class in the fall. These might be students who are new to the District, who didn’t know about the screening test in the spring, or who want to try again.
Were the screening test scores of students admitted into the class in the fall included in the selection system used on this year’s 8th graders?
Thanks,
Laurie

(SIS readers, the reason why it is important to know if the fall scores were included is that it is highly likely that the scores of the students who enter the class in the fall are lower than the cut score used for selection purposes in the spring. It is simply too hard to believe that four students scoring higher than the cut score would magically appear each fall.)
Art wrote back simply (6/13):

There are two slots remaining.

I wrote back again (6/13):

My question is about the set of scores that were used to determine the cut score for this year. Were the scores of students admitted into the class in the fall over the past several years included in the set of scores used to determine this year’s cut score?

Art, parents would like to see all of the test scores from recent years — that is, we would like to see the frequency distribution of all scores for each year, with the cut score indicated and the scores of the fall entires into the class included.
Laurie

Meanwhile, my second initial email (6/13) consisted of a forward to Art of the email he wrote to me on February 12, with a cover line:

Art, see below. FWIW, there is no ambiguity or equivocation in your email here. –L
Date: Mon, 12 Feb 2007 08:04:40 -0600
From: “Art Rainwater”
To: “Laurie A. Frost”
Subject: Re: West HS follow-up: Accelerated Biology
Laurie
We have followed up with Ed and there will be an additional Advanced Biology class.
Art


After seeing a copy of his own email, Art replied (6/13):

Laurie,
Creating two accelerated biology classes solely for the sake of having 40 students taking the class is no different than having a class for 20 students arbitrarily selected. If you feel that I broke some promise to you based on this email I am sorry. The responsibility for these decisions is mine and I am going to make the one that I feel is in the best interest of the district. I believe this decision is fair and removed the arbitrary nature of the previous class selection.
My decision is final.
Art

I have not yet written back, but here is what I will say: “Art, I do feel you broke your promise to me. I also feel you broke your promise to future West HS students. Selection based on high scores is not “arbitrary.” And 40 is no more or less “arbitrary” a number than 20. “Arbitrary” means “for no particular reason.” But you had a reason. For whatever reason, you (or someone) wanted to make sure there was only one section of the class after all. If you (or that same someone) had wanted there to be two sections of the class, then you (or they) would have come up with selection criteria designed to insure that outcome.”
Meanwhile, I forwarded Art’s emails to the three other West parents who attended the meeting with him in January. To a one, we recall the same thing very clearly, that Art agreed there should be a second section of Accelerated Biology at West due to consistently high interest and demand at the school and in order to create greater access to a particular learning opportunity, the same expanded access there is at the other high schools. My best guess is that Art ran into unanticipated and powerful opposition to a second section in some key places at West and so is now changing his story.
In my mind, I keep going back to how poorly the Accelerated Biology screening test was publicized at Hamilton; how the Hamilton staff were told by the West counselors to “downplay” the opportunity to the students; and how that West staff person responded so carefully, “IF there is need for a second section, then the current teacher has been asked to teacher it.” All that, combined with a selection procedure that so clearly guaranteed only one section’s worth of eligible students (a point that no teacher or administrator seems to understand).
Now I’m hearing that at least some parents of students who did not get into the class are reluctant to say anything because they fear repercussions from the West staff.
Mission accomplished? I guess so, though it depends on what your mission is.
Interestingly, today’s SLC grant focus group at West included a long discussion of the fact that we have no PTSO officers for next year and what sort of parental frustration and dissatisfaction with the school might account for that.

MPIE and MUAE Update

As some of you may recall, back in December, I posted a few questions to the members of Madison Partners for Inclusive Education. As a result of that posting, several members of each group have met a couple of times in order to try and make personal connections and identify areas of shared concern and potential joint advocacy. It is too early to say how that effort is going. I, personally, am ever hopeful that we can find the patience and persistence needed to build a foundation of mutual understanding and trust, a foundation upon which we can ultimately work together for all children.
I would like to share a recent exchange from the MUAE list serve (where MPIE members have been welcome since the get-go — in fact, more than one are longtime MUAE list serve members). In response to a post about one of the BOE candidates, an MPIE member wrote the following:
I would like to clarify something that was misstated in a recent post. Madison Partners for Inclusive Education (MPIE) does NOT promote or endorse COMPLETELY heterogeneous classrooms ALL the time. The group does not think completely heterogeneous classrooms all of the time is in the best interest of children with disabilities. Their website goes on to explain their philosophy: http://www.madisonpartnersforinclusion.org/whatisinclusion.html Thank you for understanding this and clarifying in future posts.

I then replied:
Thanks for the clarification, though I really think we are in agreement on this point. Certainly the inclusion decision for students with disabilities should be a flexible one, based on the specific nature of the disabilities, the specific educational needs, and the family’s preference for their child. Most of us know, for example, about IDEA and the K-12 IEP process. We know, too, that our high schools offer alternative classes and other learning options for those students with disabilities for whom the “regular” classes are not appropriate.
I am sure we get sloppy with our language, at times; but our language errors are surely inadvertent, mostly because — like all parents — we are simply thinking about our own children, whether or not they are thriving, and whether or not their needs are being well met by our schools. We are guilty of being good parents. Nevertheless, we apologize.
The fact is, we do not want much of anything to change for students with disabilities. (We would like to see the state and federal governments pay a larger portion of the tab for special education — can we encourage your group to take the lead on that issue at the local level?). We support all of the flexibility, all of the options, and all of the tailoring of educational programming that goes on for them during their years in the MMSD. MUAE stands absolutely with MPIE on that, as I see it (though obviously I really can’t speak for everyone). We are your partners there.
We ask the same of you.
I wonder, will you be our partners in getting our children’s educational needs met in the same way that the needs of students with disabilities are met? Just as you do not think placement in completely heterogeneous classrooms all of the time is in the best interest of children with disabilities, so do we think such placement is inappropriate for our children. Full days spent in “regular” classrooms does not necessarily meet our children’s educational needs any better than it does your children’s needs. We are told the District is committed to giving each student the appropriate “next level of challenge.” And yet too many of us know (or have) “formerly bright” students who have become turned off to school as a result of too many years of insufficient challenge and chronic boredom. They are miserable. They are in pain. They are not growing well at all. Meanwhile, our advocacy efforts on our children’s behalf are too often met with disdain, deception and complete stonewalling. We do not yet have the same legal foundation on which to stand as you do.
We at MUAE are simply asking for the same flexibility — in thinking, in approach, in educational opportunity and in classroom placement — for the District’s highest potential, highest performing students that students with disabilities experience. Nothing more; nothing less.
Can you and the other MPIE members support us in that position as wholeheartedly as MUAE members support you in yours? (That’s really the question I was asking of you in my SIS post a while back.)
I hope so.

New Glarus Parent Files Request for Summary Judgement On Behalf of Gifted Education in Wisconsin

State gifted education advocate and Madison attorney Todd Palmer recently filed a request for a judicial “summary judgement” in the matter of “Todd Palmer v. The State of Wisconsin Department of Public Instruction and Elizabeth Burmaster.” As he explained it to me in layperson’s terms, a summary judgment “is a procedure wherein a party (me) asks the judge to render a decision based on the record. I am essentially arguing that the factual issues here are undisputed, therefore the judge can render a decision without a trial. I have every expectation that this motion will decide all relevant issues (one way or the other) and therefore we will avoid a trial. The state (DPI) must respond to my motion on or before 12/1/06.” Todd expects a decision from Judge Nowakowski sometime in January, 2007.
The complete document has been posted on the Madison United for Academic Excellence (MUAE) website — http://madisonunited.org/documents/pld_061101_brief_in_supp_MSJ1.pdf
Here is the Introduction:

This case is about a state agency purposely ignoring statutory mandates that require educational opportunities to be provided to an entire class of underserved and at-risk children — specifically those labeled as “gifted and talented.”
At their core, the issues before this Court are straightforward: Can a state agency ignore a legislative directive to promulgate rules governing this underserved class of children? Alternatively, can a state agency unilaterally transfer this rulemaking responsibility to local units of government in contradiction of a clear legislative directive? The clear answer to both issues is no.

Continue reading New Glarus Parent Files Request for Summary Judgement On Behalf of Gifted Education in Wisconsin

Supreme Court to Hear Education Race Case

SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/national/1154AP_Scotus_Schools_Race.html
Monday, June 5, 2006 · Last updated 8:37 a.m. PT
Supreme Court to hear schools race case
By GINA HOLLAND
ASSOCIATED PRESS WRITER
With the addition of the Supreme Court’s newest member, Justice Samuel Alito Jr., top row at right, the high court sits for a new group photograph, Friday, March 3, 2006, at the Supreme Court Building in Washington. Seated in the front row, from left to right are: Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice of the United States John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice David Souter. Standing, from left to right, in the top row, are: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Associate Justice Ruth Bader Ginsburg, and Associate Justice Samuel Alito Jr. The Supreme Court said Monday, June 5, 2006, that it will decide the extent to which public schools can use race in deciding school assignments, setting the stage for a landmark affirmative action ruling (AP Photo/J. Scott Applewhite)
WASHINGTON — The Supreme Court said Monday it will decide the extent to which public schools can use race in deciding school assignments, setting the stage for a landmark affirmative action ruling.
Justices will hear appeals from a Seattle parents group and a Kentucky parent, ruling for the first time on diversity plans used by a host of school districts around the country.
Race cases have been difficult for the justices. The court’s announcement that it will take up the cases this fall provides the first sign of an aggressiveness by the court under new Chief Justice John Roberts.
The court rejected a similar case in December when moderate Justice Sandra Day O’Connor was still on the bench. The outcome of this case will turn on her successor, Samuel Alito.
“Looming in the background of this is the constitutionality of affirmative action,” said Davison Douglas, a law professor at William and Mary. “This is huge.”
Arguments will likely take place in November. The court’s announcement followed six weeks of internal deliberations over whether to hear the appeals, an unusually long time.
In one of the cases, an appeals court had upheld Seattle’s system, which lets students pick among high schools and then relies on tiebreakers, including race, to decide who gets into schools that have more applicants than openings.
The lower court decision was based in part on a Supreme Court ruling three years ago, written by O’Connor, which said that colleges and universities could select students based at least in part on race.
The court also will also consider a school desegregation policy in Kentucky. That case is somewhat different, because the school district had long been under a federal court decree to end segregation in its schools. After the decree ended, the district in 2001 began using a plan that includes race guidelines.
A federal judge had said system did not require quotas, and that other factors were considered including geographic boundaries and special programs.
A mother, Crystal Meredith, claimed her son was denied entrance into the neighborhood school because he is white. The Jefferson County school district, which covers metropolitan Louisville, Ky., and has nearly 100,000 students, was ordered to desegregate its schools in 1974.
The court will also consider whether Seattle’s so-called integration tiebreaker system, which has been discontinued, is tailored to meet a “compelling interest” by the school.
A group called Parents Involved in Community Schools sued in July 2000, arguing that it was unfair for the school district to consider race, and Seattle halted the system.
Lawyers for the Seattle school district had told justices that it was not known what the district’s new school board and new superintendent would do now.
Under the district’s plan, the first tiebreaker was whether an applicant has a sibling already at the school. The second tiebreaker was race: which applicant would bring the high school closer to the districtwide ratio of whites to nonwhites, roughly 40 percent to 60 percent. The third tiebreaker was distance, with closer students getting preference.
Seattle has about 46,000 public-school students. The racial tiebreaker helped some whites get into predominantly minority schools, and vice versa.
The cases are Parents Involved in Community Schools v. Seattle School District, 05-908, and Meredith v. Jefferson County Board of Education, 05-915.

MMSD Cross-High School Comparison — continued

I recently posted a comparative list of the English courses offered to 9th and 10th graders at Madison’s four high schools. The list showed clearly that West High School does not offer its high achieving and highly motivated 9th and 10th grade students the same appropriately challenging English classes that are offered at East, LaFollette and Memorial.
Here is the yield from a similar comparison for 9th and 10th grade Social Studies and Science.

Continue reading MMSD Cross-High School Comparison — continued

New Glarus Parent Files Gifted Ed Lawsuit Against DPI, DPI Superintendent Burmaster

New Glarus parent and Madison attorney Todd Palmer has filed a lawsuit against the Wisconsin Department of Public Instruction and DPI Superintendent Elizabeth Burmaster for their failure to promulgate rules for the identification and appropriate education of Wisconsin’s 51,000 academically gifted students, as is required by Wisconsin state law. Here is the press release; a link to the lawsuit itself may be found at the end.
Todd will be joining us for the beginning portion of our Madison United for Academic Excellence meeting on Thursday, March 23, at 7:00 p.m. in Room 209 of the Doyle Administration Building. We will also be discussing the INSTEP process and the District’s new TAG education plan, currently under development. Come share your experiences and offer your input. All who care about rigorous curriculum and high educational standards are welcome.

Continue reading New Glarus Parent Files Gifted Ed Lawsuit Against DPI, DPI Superintendent Burmaster

For the Children: Biometric ID’s

Via Kuro5hin:
Thanks to the kind generosity of the civic-minded folks at Ingersoll-Rand, teachers at Boca Raton’s Don Estridge High Tech Middle School will no longer have to take attendance. Side benefit: malleable, young students will become conditioned and eager to submit their body parts for biometric identification in the future.
Obligatory stomach-churning quote:

“It’s for the teachers’ protection as well as the kids … my kids are telling everyone about it. They think it’s so high-tech, so FBI, so cool.”

In case you experience any cognitive dissonance with the sentiment above, just keep repeating the following handy mantra to yourself: “it’s for our protection, it’s for our protection, it’s for our protection…”
BTW – Don Estridge headed up the skunk works in Boca Raton that led to the 1981 IBM PC. (Estridge died in the 1985 Delta L-1011 crash at DFW airport).