Schools: News and Commentary: EdWatch

Common Good's EdWatch is a collection of recent news and commentary illustrating how laws, rules, and regulations are affecting public education.

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All Most Recent News

Common-Sense Approach Is Needed for 'Zero Tolerance'
Representative Michael A. Barbieri, News Journal (DE), June 11, 2009

In a letter to the News Journal, Delaware House Representative Michael A. Barbieri calls for more a “common sense” approach to discipline.   Delaware’s current zero tolerance policy allows little discretion to school administrators “who are helplessly bound to follow the letter of the law.”  Barbieri recounts the incident earlier this year at May B. Leasure Elementary, where an elementary school student was expelled for bringing a knife to cut her birthday cake.  Similar nonsensical incidents have abounded in recent years, earning the criticism of parents and lawmakers alike.  In January, the University of Delaware released a policy brief suggesting that the “harmful effects of zero tolerance policies on students and their families may outweigh the benefits of deterring student misbehavior.”  Barbieri’s House Resolution 22, which passed in the chamber last month, will create a “Zero Tolerance Task Force” to protect students from the harm these policies can inflict – to “find a common-sense approach that balances mandatory school crime reporting for serious offenses with giving school administrators professional discretion in administering policies.”  » article

Back Away from Balloon
Maureen Downey, Atlanta Journal-Constitution, June 1, 2009

Atlanta Journal-Constitution columnist Maureen Downey highlights a concerning trend: that “teens are being arrested for juvenile behavior that once warranted a stern lecture, a call to Mom and Dad, and a promise of restitution and reformation.”  Two friends of Downey’s son were forced to spend the final moments of their senior year in a police holding cell.  What was their crime?  They were arrested by the school resource officer for throwing water balloons.  Rick McDevitt, president of the Atlanta-based Georgia Alliance for Children, points out that these tough, draconian disciplinary measures may in fact be counterproductive.  “We seem to want to teach kids some sort of lesson by being tough,” he says.  “We want kids to respect authority, but authority abuses them and doesn’t respect them at all.”  J. Tom Morgan, the former DeKalb County District Attorney, agrees.  “We are talking about kids being kids.  If everyone our age who threw a water balloon got arrested, we’d all have criminal records.”  McDevitt adds: “We have become an arrest-and-court happy society, and that is troubling ….  Seems to me there are other ways to teach kids to make good choices than arresting them and putting them in handcuffs.”  » article

Bureaucracy's Effect on Educators

Denver Gets F for Not Firing Worst Teachers
Jeremy P. Meyer, Denver Post, March 11, 2009

Denver Public Schools are failing to get rid of ineffective educators.  Last year, four teachers out of 4,500 were officially dismissed because of poor performance — the most in a decade.  This school year, no DPS teachers were fired, a figure that district officials say is bothersome.  "Those numbers are really low," said Shayne Spalten, DPS director of human resources.  "We haven't had a lot in the past eight years.  Across the country, this is an issue."  According to Jefferson County Schools Superintendent Cindy Stevenson, "when you actually go through the dismissal process, it's huge … mediocre performance is a whole lot harder to prove."  In her district, the largest in Colorado, with about 5,000 licensed teachers, three teachers were dismissed over a three-year period.  All three had their cases reviewed by administrative law judges, and two were reinstated.  "The reality is there is lots of red tape to make it difficult to fire a teacher for poor performance," said Sandi Jacobs, Vice President of the National Council on Teacher Quality.  "What (districts) have to invest in dismissing teachers can be hundreds of thousands of dollars, and it becomes not worth it."  Unfortunately, Denver principals often tend to avoid the remediation process by "reducing" their low- performing teachers from the building, which simply sends these ineffective teachers to another school at the end of the year.  » article  » letter to editor from Common Good Colorado Board Member Jerry Wartgow

Lawmaker Wants to Repeal Teacher Termination Law
Lisa Schencker, Salt Lake Tribune, January 19, 2009

State Representative Carl Wimmer of Utah is working on a bill to repeal the state’s “Orderly School Termination Procedures Act,” which outlines the onerous process districts must follow when dismissing teachers.  Wimmer says that the current law “‘really makes the districts jump through a lot of hoops and go through a lot of bureaucracy before they can let the teacher go.’”  His aim is “‘to allow the local school district to have the authority’” to dismiss ineffective teachers.  Critics of the proposed bill worry that if the Act is repealed schools will not respect the due process rights of their employees, and engage in unfair hiring and firing practices.  According to Carol Lear, a director at the Utah State Office of Education, even if the law were amended districts would not be completely free to determine their own policies, as they “would still have to follow certain due-process and fairness procedures as dictated by U.S. Supreme Court case law.”  Wimmer doesn’t “‘see why the state got involve in local school district policies on hirings and firings in the first place.’”  » proposed bill

Schools 'Handcuffed' by Law Requiring Them to Pay Arrested Teachers
Dave Hill, Tonawanda News (NY), January 16, 2009

The New York State School Boards Association (NYSSBA) is attempting to reform the dismissal process for tenured public school teachers.  School administrators say they are “handcuffed” by the current dismissal procedure.  The Tonawanda City School District, for instance, is obligated to continue paying the full salary of a teacher who was arrested last April on prescription and narcotic drug charges.  According to the NYSSBA, a teacher dismissal hearing lasts on average 520 days from the time charges are filed until a decision is issued, and costs $128,000.  The proposed reform, introduced last year by Assemblyman William Magnarelli, would, in certain cases, authorize the dismissal of tenured teachers without such a lengthy proceeding, and also cap the length of time that teachers or administrators may be suspended with pay pending their hearings.  Jay Worona, General Counsel for the NYSSBA, says: “‘We’re not looking in any way, shape or form to eliminate due process.  Making something quicker doesn’t mean it’s taking your rights away.  It just means (the case) is going to be adjudicated quicker.’”  » article

A Return to Accountability
Evan Thomas, Newsweek, December 30, 2008

Newsweek features a “Viewpoint” column by Editor at Large Evan Thomas inspired by Common Good Chair Philip K. Howard’s new book Life Without Lawyers.  The piece is headed, “A Return to Accountability: It’s time to reign in a hyper-legal culture that has warped the nation’s schools.”  Thomas cites Howard’s example of Team Academy, a charter public school in Newark that is a model of discipline and academic achievement.  As Thomas notes, “at Team Academy, the students are attentive to their teachers, and to each other, and they far outscore MOST other inner city schools, not because they ‘teach to the test’ but rather because they hearken to a new-old idea: accountability.”  » article

Teachers Buried in 6,000 Pages of Government Bureaucracy
Julie Henry, Telegraph (UK), December 20, 2008

A recent article in the Telegraph calls attention to the “avalanche” of bureaucratic documents sent to British schools, distracting teachers from effectively educating their students.  The “needless paperwork,” sent from the Department of Children, Schools, and Families, covers various subjects from childhood obesity to cyber-bullying and the education of Gipsy children.  Mick Brookes, the general secretary of the National Association of Head teachers, believes this overabundance of documents is also discouraging educators from applying for “headships” – essentially principal positions – resulting in a leadership crisis in British schools.  Brookes adds: “There is also a mountain of paperwork from local authorities, on top of the stuff that comes from Government – reams of health and safety documents and financial paperwork.”  Michael Gove, the shadow children's secretary, states that teachers are being “swamped with Whitehall bureaucracy,” and that they “need to be allowed to get on with teaching without all the unnecessary red tape."  » article

Timeout on Teacher Tenure
Los Angeles Times, December 11, 2008

An editorial in the Los Angeles Times concludes that the time is ripe for a new discussion about teacher tenure.  This “antiquated entitlement,” coupled with the procedural quagmire administrators must navigate in order to fire a tenured teacher, shelters both ineffective and burned-out educators.   The paper argues that a system which pays teachers who are “demonstrably failing…is not just patently unfair but a disincentive” for those teachers who are, in fact, effective.  By all means, common sense tells us “there should be ways to shed bad educators who can knock a child off course for years.”  The editorial points to the Green Dot charter schools as an example.  The Green Dot schools operate without a tenure policy – “with no widespread reports of unfair treatments.”  “Instead of sheltering weak instructors,” the editorial concludes, “teacher contracts should specify fair and effective ways of assessing their performance – and ushering them out the door.”  » article

Teacher Turnover, Tenure Policies, and the Distribution of Teacher Quality
Raegen Miller and Robin Chait, Center for American Progress, December 2008

A new report from the Center for American Progress points out the deep-seated issues with current tenure policies.  State tenure policies, compounded by exhaustive employment contracts and discrimination laws, seriously obstruct schools from getting effective teachers in the classroom.  The standards for winning tenure are generally low – based on teacher evaluations which have little connection to student achievement.  And once a teacher is tenured, the firing process becomes extremely legalized, costly, and tedious.  In fact, the “full sequence of events may take the better part of two years and cost as much as $300,000.”  The report spotlights several states which have “tinkered” with tenure laws.  California attempted, however unsuccessfully, to clarify causes for termination and increase the probationary period from two to five years.  Today, in DC’s public school system, Chancellor Michelle Rhee has proposed to boost teachers pay in exchange for concessions around tenure policy.  Unfortunately, high-poverty schools are the most adversely affected by the inability to attract or keep effective teachers, in large part due to their particularly harsh working conditions.  Mere “tinkering” with tenure policies – heavily ingrained in the “heart of the status quo” – is “unlikely to break the cycle.”  » report

Good Teachers Are Key to Student Achievement, but Bad Ones Are Hard to Fire
Edith Starzyk and Scott Stephens, Cleveland Plain Dealer, November 30, 2008

Alarming statistics about Cleveland’s public school system’s firing process highlight how “difficult and expensive [it is] to get rid of a veteran teacher who isn’t getting the job done.”  Deborah Delisle, head of the Cleveland Heights-University Heights School District, said it cost over $200,000 the last time she went through the process with an ineffective teacher, which included the cost of the teacher’s salary throughout various forms of mentoring and coaching.  In 2006, the Lakewood, OH, school district spent more than $350,000 to reach a settlement in which an ineffective teacher agreed to step down.  Cleveland Schools CEO Eugene Sanders, citing the prohibitive procedure, says he has only witnessed the full firing process for one teacher in the two years he has headed the more than 3,900-teacher district.  Even teachers are frustrated.  In an Education Sector study, more than half of teachers surveyed agreed that “in their district it's difficult and time-consuming to remove clearly ineffective teachers who have a continuing contract, otherwise known as tenure.”  In another study by the New Teacher Project, “principals admitted that they inflate evaluation ratings because they do not value the instrument and because they want to avoid the cumbersome grievance or dismissal process.”  » article

Report: "Facing the Future: Financing Productive Schools"
Center on Reinventing Public Education, November 2008

Common Good Education Advisory Board member Paul T. Hill, along with colleagues at the Center on Reinventing Public Education, has just released a report arguing that the United States’ public school finance systems “are outmoded, failing to support the effective education of America’s children.”  The problem, Hill and his co-authors relate in “Facing the Future: Financing Productive Schools,” is that current finance systems “are so burdened by rules and narrow policies that they commit dollars ‘with little regard for results, holding adults accountable for compliance but not results.’”  “Overall,” the report continues, “we have a system in which so much is controlled by decisions made in the past, sometimes for reasons and on behalf of people who are no longer in the system, and at such a distance from schools, that educators have scant flexibility to adapt to the needs of here and now.  Teachers and principals, the people whose work the whole system is supposed to support, get complexity and constraint rather than help.”  » CRPE’s press release on the report

For Kids’ Sake, Power to Fire Teachers Crucial
Jay Mathews, Washington Post, September 29, 2008

In his most recent Washington Post column, Jay Mathews looks favorably upon DC Schools Chancellor Michelle Rhee’s possible proposal to empower District principals “to hire and fire teachers based on demonstrated skill and improved learning in class.”  Rhee’s belief, which Mathews relates agreeingly, is that “achievement results,” and “not friendships, not union rules, not inertia,” should be what dictates staffing decisions in DC public schools.  He cites DC’s Key Academy as a successful example of this philosophy in action, relating how its principal, Sarah Hayes, successfully removed two ineffectual teachers before Christmas and replaced them with successful ones.  Mathews writes: “If KEY were a traditional school, Hayes’s only reasonable option would have been to mentor the teachers, note her dissatisfaction on their evaluations and recommend that they not be kept after a two-year probation.  That is the way it goes in most school systems.  Staffing rules, tenure agreements and low expectations tend to favor weak teachers unless they do something awful.” » article

Protecting Bad Principals
Editorial, New York Post, September 8, 2008

New York City will pay $16 million for 154 "excessed" assistant principals (APs) because of a New York City Department of Education's (NYCDOE) contract with the Council of School Supervisors and Administrators (CSA). The new contract allows principals to hire and fire their own APs, but it also allows replaced, tenured APs without assignments to float around the system. These administrators "in limbo" are paid full AP salaries for no specific job responsibilities. This inefficient policy wastes millions of unnecessary taxpayer dollars. » article

Related: New Math: Teachers with 'No Class' Soar

City, Union Cut Bad Teachers' Stretch in Rubber Room
Carrie Melago, New York Daily News, July 1, 2008

In New York City, the Department of Education, by hiring more mediators, is attempting to "ease the backlog" of about 700 accused, yet fully salaried, teachers who have been "pulled from the classroom." Teachers accused of misconduct spend weeks, months or even years idling in reassignment centers, commonly called Rubber Rooms, because they are under investigation and cannot teach, yet cannot be fired. According to Dan Weisberg, the DOE's chief executive for labor policy, the new policy changes will enable these cases to be expedited more rapidly. Currently, New York taxpayers spend about $65 million a year on teachers accused of misconduct. » article

Firing Tenured Teachers Isn't Just Difficult, It Costs You
Frank Eltman, Associated Press, June 30, 2008

The Associated Press reports that a tenured English teacher on Long Island in New York "remains on the payroll, earning an annual salary of $113,559, even after pleading guilty earlier this month to drunken driving charges--her fifth DWI arrest in seven years." Facing a "likely prison sentence," the teacher is currently on paid leave pending a disciplinary hearing in August. District Superintendent Allan Gerstenlauer is frustrated by the convoluted process of removing tenured teachers, and this case "illustrates a nagging problem in school districts in New York and elsewhere around the country: firing bad teachers." In New York State, the legislature took a significant step in the right direction this past June, passing legislation that will automatically revoke the certification of teachers convicted of sex crimes against students, ending what is now often a year-long administrative process. Generally, the process for removing unfit but tenured teachers remains exceeedingly long and cumbersome. Gerstenlauer comments, "I'm not looking to shortchange anybody's due process. I'm looking at a system that would allow us to move through at a reasonable pace, that would allow the district to move forward and the employee to move forward." » article

253G to Fire One Teacher
Lorena Mongelli, Kieran Crowley, and Yoav Gonen, New York Post, May 27, 2008

The New York Post reports that “it took more than four years and $253,000 for the city's Department of Education to get rid of just one tenured teacher in 2007” and that only 9 teachers were fired for incompetence last year in New York City. Deputy Chancellor Chris Cerf says, "The process that leads to getting folks out of the system is completely ineffective." Many teachers, including David Salkin, are placed in what's come to be known as the DOE's "rubber room"--where teachers who are under investigation collect salary, but do not teach. Salkin's case, reports the New York Post, is just one example "of what officials call the needlessly long and arduous process for removing inadequate teachers." » article

Teachers Agree: Bad Teachers with Tenure Too Tough to Fire
USA Today, May 7, 2008

According to an Education Sector survey, “More than half of teachers believe it's too difficult to weed out ineffective teachers who have tenure, and nearly half say they personally know such a teacher.” According to Sabrina Silverstein, a Chicago pre-kindergarten teacher, it is “extremely difficult to dismiss a teacher who is doing a bad job.” Silverstein is one of many teachers who believe that teacher evaluations should be more rigorous, “so that weak teachers don't become entrenched.” Approximately 70% of teachers think that tenure is more of a “formality,” rather than a fair reward based on teacher performance. In Chicago, “90% of teachers received one of the top two possible evaluation ratings” and “hardly any received the bottom two ratings — satisfactory or unsatisfactory,” a sign of the flaws that exist in the tenure process. According to a report by the New Teacher Project, many principals find evaluating teachers to be “pointless” and prefer not to deal with the grievance process that follows a negative evaluation. » article 

Superintendents Oppose School Discipline Proposals
Mike Hasten, Shreveport Times (LA), April 4, 2008

Louisiana school superintendents widely opposed a bill which would give the state the power to control discipline in all school districts. Right now, “each school system set[s] its own policy and enforce[s] it,” which “works well” according to the superintendents. The problem with trying to standardize discipline statewide lies in the many different interpretations of a particular policy, and “Superintendents say they need some leeway and should be able to decide what's best for all students,” rather than applying a one size fits all rule to every school in the state. Superintendent Jones also said that if the bill is upheld, "it will increase litigation and increase the paperwork load," side effects that would severely limit the bill’s opportunity for success.

Washington, D.C. Schools Chief Faces Tough Choices
John Merrow, PBS NewsHour, April 2, 2008

John Merrow recently interviewed D.C. Schools Chief Michelle Rhee, who was as forthright as ever about her intentions for the future of D.C. schools. Merrow pointed out the extreme difficulty in firing “ineffective teachers.” Currently, “a [D.C.] principal cannot simply fire a teacher for being ineffective. He must first implement what's called the "90-day plan," in which teachers are offered help and 90 days to show improvement.” Yet, “Last year, only 18 teachers out of more than 4,000 were placed on the plan,” only one of whom was actually fired. One principal in the interview cited “excessive paperwork and difficult deadlines” as barriers to firing incompetent teachers. Therefore, the district and the union are seeking other ways to rid schools of ineffective teachers, such as the “buyout” option, in which teachers could be offered “as much as $25,000” to leave their post within system.  » article

District Leader Proposes Meeting to Avert Lauderdale Lakes School Lawsuit
Juan Ortega and Akilah Johnson, South Florida Sun-Sentinal, March 28, 2008

The Superintendent of Lauderdale Lakes, Florida school district, James Notter, spoke of the need for discourse, rather than a lawsuit over unequal funding.  His hope is to “improve the city's only public high school instead of spending thousands of dollars fighting the city in court.”  Superintendent Notter said, "What I don't understand is why don't we sit down and find out where this breakdown occurred…It's like with any type of relationship, do you go right to the lawyer for the divorce?"  Not only would the school district suffer from a lawsuit, but taxpayers would surely be angry to learn that their money was used in legal proceedings without any attempt at discussion.

Joel Fights Change in Tenure Law
Fredric U. Dicker and Yoav Gonan, New York Post, March 27, 2008

Chancellor Klein is hoping to incorporate student test scores into the equation for determining teacher tenure in New York City. Klein said, "Legislation that tries to tie our hands...is anti-student and anti-parent.... Before you make a lifetime commitment to someone, you should make a thorough...review."  While UFT president Randi Weingarten disagrees with the measure, “the city Ed. Department wants to reform the tenure process because only 1 percent of teachers are denied after their third year.” » article

Clashing Rules Block School Aid, GAO Finds
Maria Glod, Washington Post, March 26, 2008

A newfound loophole in No Child Left Behind is the problem of “conflicting requirements,” which are “prevent[ing] states from using” NCLB money “in schools with the most serious problems.” Though states are supposed to “devote 4 percent of the largest pot of federal education funding…to efforts to turn around high-poverty, low-performing schools,” “another overriding rule prevents states from using the full amount in schools with the most serious problems if that means cutting funding from other school systems.” These conflicting rules are just another example of regulations gone awry, resulting in unintended, yet severely negative consequences. » article

Paperwork Making It Hard for Special Ed Teachers
Robin Beal, KXII (TX and OK), March 24, 2008

In Oklahoma, “Special education teachers now have more students and more paperwork for each student than ever before,” and, as a result, “some special education teachers are opting for early retirement.” It is very typical for a special education teacher to spend time doing “hours of paperwork” after a full work day, “a job that many say is hard enough already, but it is getting even more challenging because of what so many are having to do at home.” One teacher says that she spends “three to four hours on each Individualized Education Plan…minimum and that’s the short ones,” and “every few years there seem to be more guidelines for her and her colleagues, more rules, and more red tape.” Sadly, the Oklahoma State Regents for Higher Education reports that, “Roughly a decade ago, there were more than 200 newly degreed Special Education teachers in Oklahoma. Two years ago, there were fewer than half those numbers entering the field.” » article

Spending on Hawaii Schools Outstrips Results
Loren Moreno, Honolulu Advertiser, March 23, 2008

Though money is flowing into Hawaii schools, little has improved in the state’s education system. State Senate Minority Leader Fred Hemmings called the Hawaii Department of Education a "bloated and inefficient bureaucracy." But the department claims that they have to spend most of what they receive.  Particularly expensive are the special education program costs, which have “increased dramatically,” by “more than $400 million since 1994 when the state settled a lawsuit.” This is not surprising, as “special education spending makes up $523 million — 25 percent — of DOE's budget.” Though principals were recently given “the flexibility to spend school-level money,” they still do not receive “enough money and are often forced to cut positions.”

Principals May Gain Option to Jettison Bureaucrats
Elizabeth Green, New York Sun, March 20, 2008

In an effort to give authority back to schools, “high-performing principals could essentially opt out of the bureaucratic system, saving them thousands of dollars and putting pressure on central administration to downsize, under an idea being considered by the city Department of Education.”  Principals would have the option of “buy[ing] a scaled-down set of [school] services — relying much less on central bureaucrats.” Even better news is that “if scaled up, the idea could lead to a radical downsizing of the role of central administration bureaucrats in a school's daily life — and could also slim down taxpayer budgets.” » article

Bad Teachers Urged to Cash In
Yoav Gonen, New York Post, March 11, 2008

In an effort to rid New York City of incompetent teachers, the Center for Union Facts is seeking out the “10 worst unionized instructors to receive $10,000 rewards if they agree to step down.” The organization hopes to “expose teacher unions as obstacles to school reform and as shields for incompetent educators.” Because “only 10 of 55,000 tenured teachers were removed for incompetence during the 2006-07 school year,” those outside of the stifling bureaucracy are constantly looking for other ways to improve teaching.  Whether or not this program is successful, it's certainly a clear sign of discontentment over the difficult processes that prohibit bad teachers from being fired. » article

Related: Wanted: A Few Bad Teachers

Principal Who Pushed Student, Intimidated Teacher Gets to Keep His Job
Erin Einhorn, New York Daily News, March 4, 2008

Anthony Aldorasi, a Queens' middle school principal is able to “keep his job despite city efforts to fire him.” Unfortunately, “as a tenured principal with 26 years in the school system, Aldorasi had a right to appeal.” Though “Aldorasi was found guilty on two counts of intimidation and one count of corporal punishment,” the school system told him that “he could get his job back after paying a $6,000 fine and serving a 10-day suspension without pay.”  The unfair practice of providing long-time, inept educators with permanent job security is the result of tangled school bureaucracy. As Randi Weingarten, president of the United Federation of Teachers, asked, "What prevents this person from being a recidivist?" » article

Two DPS Schools Gain Freedom in Hiring
Nancy Mitchell, Rocky Mountain News, February 13, 2008

The Denver Classroom Teachers Association and Denver Public Schools have finally reached a “compromise that will grant historic freedoms in hiring, staffing and scheduling for two city schools that sought to break free of union and district rules.” Though the teacher’s union was initially hesitant to grant freedoms from their contract, they have since agreed with Bruce Randolph principal Kristen Waters that granting schools more autonomy is “great for the kids” and “for the teachers.” Some of the new freedoms allowed to the schools include the ability to “post job vacancies and hire at will,” “work on annual contracts, meaning they can be asked to reapply for their jobs every year,” “select their own summer school teachers and deviate from the contract pay rates for summer and evening work,” and “decide their own school calendars.” » article

Managers Help Principals Balance Time
Christina A. Samuels, Education Week, February 11, 2008

A recent study that shadowed principals in their daily routines revealed “a crush of managerial duties allowed them to spend only a third of their day—or less—on tasks that involved interaction with students and teachers.” This realization spawned the idea of hiring “school administration managers” (SAMs) to “take over the managerial tasks that are important to a smooth-running school but have little to do directly with learning.” This way, a principal’s nearly impossible workload is relieved and focus is returned to “being good instructional coaches.” Even discipline problems are “diminished because the students see principals more often.” Mark Shellinger, a former principal and the national SAMs expansion coordinator called a principal’s job “interrupt driven,” because “instead of focusing on one task for an extended period, principals are expected to supervise lunch shifts, manage transportation, deal with parents, dole out discipline, handle budgets, and juggle a number of minor crises that may arise.” Therefore, principals welcome a lighter load. » article (subscription required)

15 States Want Tougher Penalties for Abusive Teachers
Robert Tanner, Associated Press, January 28, 2008

Due to “too many legal loopholes [that] let [sex] offenders stay in the classroom,” many states are working on legislation that will cut down on “lengthy hearings” and other troublesome procedures. The practice of “passing the trash,” or “allow[ing] a teacher to quietly leave a school, or fail to report problems to state authorities, or fail to check with state authorities before hiring a teacher, among other glitches,” has become commonplace, as many school officials attempt to avoid the legalistic challenges involved in firing a teacher.  One legislator working to combat this fear is Michael Gibbons, the Missouri state Senate president pro tem, who said that schools oftentimes “don't get the whole truth about [a dismissed teacher’s] background.” Gibbons is hoping to pass legislation that will require “school employees and districts to share all information about job-hunting teachers, including whether those educators sexually abused their students, by granting administrators civil immunity from lawsuits.” » article

Union Waiver Stalled for School
Jeremy P. Meyer, Denver Post, January 23, 2008

In a disappointing decision by the Denver teacher’s union, Bruce Randolph School was denied “autonomy from district and union rules, saying constraints on time, staffing and the school calendar hinder student achievement.” Many, like Superintendent Michael Bennet, were confused by the reasoning behind the decision. Bennet said, "The Bruce Randolph proposal seemed to me to be a great idea for our kids, for the district and for the union."  While the union said it will grant some of the requested waivers, they want to work out “a framework with the district on how autonomy will look for other schools,” before allowing Bruce Randolph its full freedoms. Not surprisingly, Bruce Randolph staff is frustrated.  Even the school’s union representative said, “They want us to move back to square one, and that is unacceptable." » article

Districts Discharge Unwanted Faculty Through ‘Buyouts’
Bess Keller, Education Week, January 22, 2008

“Teacher Buyouts” or the practice of paying teachers to “leave their job” is common practice in many school districts mostly because without them, “proponents say, districts would use far too many resources—in money, time, and morale—shedding tenured teachers they don’t want.” John Bukey, the general counsel for the California School Boards Association said, “Settlements before judgment are a feature of the overburdened American legal system in general,” which makes sense, seeing as “the New York State School Boards Association survey found that the most recent average cost of a disciplinary case in the state, excluding New York City, was $129,000, and that the length of time needed for a decision was 520 days.” In addition to lawyer’s fees, the district must also account for "substitute teachers' pay when a teacher is removed from the classroom and lost time on the job for witnesses such as a principal.”  Because of the “elaborate job protections that make firing so costly,” settlements are oftentimes the only logical reaction. » article (subscription required)

Educators Worried About Changes
Joanna Miller and Keighla Schmidt, Savage Pacer (Savage, MN), January 14, 2008

The Minnesota Department of Education is likely to add more rules for Special Education teachers that would most likely “make their work more cumbersome…with more time spent on paperwork.”  For example, “behavioral-intervention rules increase the paperwork required when behavior situations occur.”  A task force on Special Education may prove that “educators may already be…meet[ing] or exceed[ing] state or federal expectations.”  Stephanie Corbey, individualized student services coordinator for the Burnsville-Eagan-Savage School District, said, “If the task force finds Minnesota to be above and beyond already, the new rules could be counter productive.” Many teachers are leaving the profession “because of the rigors of paperwork,” so it is crucial that new regulations are not added to “a situation [that is] already regulated quite a bit.” Corbey’s concerns about the new rules are that they are “too detailed” and that they make it “more difficult to implement things…there are more forms, there are more processes and there are more procedures to be in compliance with the new rules.” » article

Bureaucracy, Red Tape Threaten Mentor Program
Inside Bay Area (CA), January 7, 2008

The California mentoring program, a well-intentioned effort to train new teachers, is now “bogged down in counterproductive paperwork and bureaucracy.” The program was instituted when researchers found that “nearly one-quarter of new California teachers quit in their first four years,” mostly because of “inadequate support and bureaucracy.” A large portion of bureacratic burden comes from an “overwhelming amount of unproductive record-keeping and other tasks,” and many are advocating for “reducing paperwork and eliminating redundant requirements” in order to “keep what could be a productive program from being strangled by red tape.”

Charters Struggle with Special Education
Sarah Carr, Times-Picayune (New Orleans, LA), January 6, 2008

The legal maze associated with implementing special education poses great problems for the emerging Charter School movement in New Orleans. Roslyn Johnson Smith, president of a New Orleans charter school board points out that it is extremely difficult to find an administrator “who knows the technicalities of complicated special education laws.” In addition, charter schools are having difficulty due to teacher shortages, a lack of classroom space, missing records, parents that won’t disclose their children’s disabilities, and the sheer cost of special education: “about $1,900 to conduct a full evaluation of a child,” and “about $38,000 to evaluate as many as 5 percent of its students.” Cornelia Koniditsiotis, a coordinator of special education services, says she feels like she’s turned “part attorney” in her struggle to understand confusing processes. » article

Educators' Voices

Honoring the Teacher’s Perspective
Natalie Schwartz, Teacher Magazine, January 15, 2009

Natalie Schwartz, author of The Teacher Chronicles: Confronting the Demands of Students, Parents, Administrators, and Society, attributes the lack of respect for teachers to pervasive misconceptions about the teaching profession. “[E]ntrusted with the vital task of educating future leaders,” teachers not only endure heavy workloads and demanding schedules, but also “pressure from a variety of sources,” including students, parents, administrators, school boards, and government officials.  In The Teacher Chronicles, Schwartz relates disquieting stories of disrespect on the part of both students and parents.  A middle school teacher in New York said one of her students became annoyed when her seat was moved and issued an implied threat: “‘Do I need to remind you my mother is on the board of education?’”  Another teacher in California said one of her students demanded the administration fire her because he felt uncomfortable when she announced she was expecting a baby girl.  Parents of a 9^th grade English student in Massachusetts, more concerned with the appearance of their daughter’s transcript, asked her teacher to overlook that the girl wasn’t doing her homework.  How can we expect teachers to be able to enforce discipline and a culture of respect in their classrooms, if they themselves are not respected?  » article (subscription required)

Teachers Take Charge of School Improvement
Julia Steiny, Providence Journal, December 7, 2008

Julia Steiny, a former member of the Providence School Board, discusses the success of State Street Elementary, where teachers – not the principal or the Westerly School Department – decide on teaching strategies and training.  Steiny calls the system “the opposite of a top-down organization.”  At State Street Elementary, “empowering teachers engages them in the challenge of making their own school work.”  Steiny believes that this should become the norm.  “Teachers should never waste everyone’s time or resources implementing programs they do not think will work.  When programs are thrust on unwilling teachers, they shrug away failure with ‘Hey, it wasn’t my idea.’”  Teachers know better than any distant policymaker what strategies and practices will benefit their school.  As Steiny says, “A good strategy stokes teachers’ ambitions by giving them the power to make decisions about how to teach, how to meet the standards and what they need for their own professional development.”  » article

Teacher/Principal Authority Plus Accountability Equals Excellence
Jeff Abbott, Fort Wayne News-Sentinel, September 10, 2008

A recent opinion piece from Jeff Abbott, an education scholar at Indiana University-Purdue University Fort Wayne highlights that neither presidential candidate sufficiently addresses that "public education is over-regulated and over-politicized." He argues that "the responsibility [of deregulation] does not sit on the laps of hardworking teachers and principals. Rather, it lies squarely with state legislatures and the U.S. Congress." Detailing the reasons why neither candidate will help to deregulate schools, or worse, why each may further the amount of public school regulation and politicization, Abbott believes that both candidates would do well to heed a "simple formula for improving public schooling: (teacher and principal authority) plus (teacher and principal accountability) equals (excellent schools)." » article

Retired Principal Weighs in on Classroom Behavior
Katherine Johnson, Savannah Morning News, March 25, 2008

Voicing her concerns about school discipline issues, former principal Katherine Johnson said, “Students who do not comply with classroom rules and interfere with…the learning of others are a cause of stress and frustration.”  Though there exists a “barrage of inappropriate behaviors that can devastate the learning environment,“ teachers are afraid to report the behaviors for fear of being judged “incompetent” by their administration. In addition, “educators have limited options when working with chronically disruptive students,” because in school suspension programs tend to be ill-equipped due to poor funding and a lack of staff.  So Johnson suggests more support for these programs, while incorporating counseling, tutoring and mentoring. » article

Individual Court Cases

Due Process in Schools
Commonwealth v. Smith and E.K. v. Stamford Board of Education, July 10, 2008

Two recent court decisions at the state level have affirmed that due process standards in schools should be different thanks to their unique situations when compared with society-at-large. In Commonwealth v. Smith, the Appeals Court of Massachusetts, Suffolk held that "searches and seizures" in a school setting must meet a higher standard to be deemed "unreasonable" and in violation of the Fourth Amendment. The court based its decision on the idea that "achieving a balance between a school's goal to maintain a safe learning environment and a student's expectation of privacy" inevitably "requires some easing of the restrictions to which searches by public authorities are ordinarily subject."

more »

Suit against School Board, Superintendent Alleges Due Process Violation
Phyllis Cook, Journal Press (VA), May 16, 2008

Linda Davis, a mother whose child was suspended for a Code of Conduct Violation in King George County, Virginia filed a suit against the County School Board and its president. Not surprisingly, “the crux of the case is the School Board’s process leading up to and during a discipline hearing for a student.”  Davis claims that her son’s rights to due process were violated when his suspension was extended pending a hearing before the county’s discipline committee. In what sounds like an effort to provide schools with the power to effectively discipline their students, the rules establishing the discipline committee state that there is no right of appeal, as long as the decision handed down by the committee is unanimous. Davis claims that “the school board violates procedural due process” and calls their policy “faulty.” Thus, the school board must now spend a substantial amount of public money and resources to either settle with Davis, or to defend the policy and the actions of its administrators.

International Perspectives

Parents to Be Hit with Penalties If Children Misbehave at School
Graeme Paton, Telegraph (UK), April 15, 2009

Sir Alan Steer, the United Kingdom’s leading behavior expert, recently presented the results of a three-year study of classroom conduct which calls for the use of contracts for parents failing to keep children in line and £50 penalties for those condoning truancy.  The government’s report also issues guidance to teachers, informing them of their legal powers to confiscate equipment such as mobile phones and to order children to take their caps off in school.  Earlier this year, a survey of 10,000 school employees showed that an average of 50 minutes of teaching time was lost in secondary schools every day because of bad behavior.  In addition, more than 6 in 10 teachers said they were unaware of their rights to discipline pupils, including the freedom to impose detentions, search children, confiscate mobile phones, and punish behavior occurring outside school.  Ed Balls, the Schools Secretary, believes that parents have to “share the responsibility for maintaining discipline.”  Speaking before the publication of the report, he said: “Children can’t learn if classes are disrupted by bad behavior.  That’s why parents tell me they want tough and fair discipline in every school.  That means we must all play our part and back our teachers when they use their powers to keep good order.”  » article

Related: Teachers Waste 16 Days a Year Dealing with Bad Behaviour

A Quarter of All UK Schools Have Their Own Police Officer to Crackdown on Youth
Laura Clark, Daily Mail (UK), January 3, 2009

The Daily Mail reports that one in four of Britain’s primary and secondary schools has its own stationed police officer.  This significant police presence comes in large part as a result of the Safer Schools Initiative, touted by ministers as the answer to tackling school gang culture and violence.  Opponents of the Initiative believe that resorting to law enforcement in schools betrays a greater, more fundamental problem with classroom discipline; that the “the growing liaison with police” is a sign that school heads are “losing confidence in their ability to keep order.”  Nick Gibb, Tory schools spokesman, says: “‘What we have to do is give back to heads and teachers the powers to maintain order.’”  Jane Lees, President of the Association of School and College Leaders, agrees.  She states that school discipline is “‘about educating our pupils, providing the right school culture where breaking the law is not acceptable but letting them know the consequences of their actions.’”  “‘The normal day to day rough and tumble of the school is not the responsibility of the police.’”  » article

"Indulgent" Parents Fuelling Bad Behaviour in Classroom
Graeme Paton, Telegraph (UK), December 29, 2008

A recent study concludes that behavior among British schoolchildren is deteriorating as a result of "over-indulgent" parenting.  The study – “Behaviour in Primary Schools” – finds that one in five teachers faces physical aggression – including hitting, kicking, spitting, and destroying of property – at least once a week, and “two-thirds said standards had worsened over the course of their career.”  The increasing severity of bad behavior is attributed to a minority of students, who in misbehaving disrupt the entire class.  The report’s conclusion supports a “popular notion that parents and society have become over child-centered and preoccupied with ‘rights’ rather than ‘responsibilities.”  One teacher confided: "It is guaranteed that once a child is reprimanded we will have an irate parent banging on the door the next day demanding to know why and insisting that their child is not to blame."  » article

Schools 'Suspend Violent Pupils to Avoid Expulsions'
Graeme Paton, Telegraph (UK), December 28, 2008

The Telegraph reports that more than 1,000 schoolchildren in England are suspended from school every day for offenses such as attacking teachers, assaulting fellow pupils, and violent threats – all of which are punishable by expulsion.  The new data supports claims that schools, under government pressure to reduce expulsion rates, are pushed to keep disruptive students in class.  Michael Gove, the Tory shadow schools secretary, argues: “‘Headteachers need discretion to choose the appropriate sanction when a child is seriously disruptive or violent.’”  He believes the recent figures show “‘that teachers have to rely on suspensions because they don’t have the necessary power’” to deal with discipline as they see fit.  According to Gove, standards of behavior in the classroom are of increasing concern to both educators and parents.  “‘A handful of badly behaved children can ruin the learning environment for everyone in class.’”  Teachers should have the power to appropriately discipline students.  In some cases, the most constructive disciplinary action is expulsion – because then, that student “‘can get the specialist help they need in order to return to a mainstream school.’”  » article

Victim of the 'Can't Touch' Culture
Laura Clark, Daily Mail (UK), December 26, 2008

Retired educator Colin Adams criticizes a “can’t touch” culture in British schools, after his colleagues failed to intervene when a student tried to strangle him.  The student, who has a history of violent behavior, reportedly knocked Adams to the floor “before punching and kicking him, and grabbing” the neck of the 50-year-old teacher.  For a while, “despite other teachers yelling at the boy to stop, no one stepped in to help.”  The teacher who finally did intervene admits that he hesitated in coming to Adams’ assistance, afraid that the boy would accuse him of assault.  According to Adams’ wife, “‘teachers are very wary of touching children these days as children all know their rights and they can take a teacher to court.’”  Mr. Adams recently won a £250,000 out-of-court settlement with the Newham Council; he suffers from severe stress and back problems following the attack, and was forced to quit teaching. A Council spokesman states: “‘Our staff have the right to work without fear of assault or harassment.’”  » article

On the Road to Somewhere: Why the School Trip Is Still a Vital Educational Tool
Hazel Davis, Independent (UK), September 25, 2008

In a piece on the benefits of field trips to a child’s educational experience, Hazel Davis of The Independent discusses the United Kingdom’s "Staying Safe" action plan, a plan which was developed in large part in response to the prohibitive bureaucracy surrounding outside-of-school excursions.  She quotes Mark Bush, an organizer of field trips in Britain, who relates that the “amount of risk-assessment administration involved with trips” has become “‘a burden, as teachers don’t have time to do it.’”  The “Staying Safe” plan provides guidance for trips and reinforces the message to schools that risk assessment should be reasonable – that it should “strike a balance between protecting children and allowing them to explore and learn about risks for themselves.”  Hopefully the plan will succeed, for as Bush argues: “‘We live in an environment where everything is monitored, so it is easy to become staid and play it safe when organising a trip.  But teachers know that to get the most out of a child, there needs to be an element of experiential and practical learning involved.’” » article

MP Blames Red Tape for Fall in School Exclusions
Geoff Percival, Echo (UK), August 29, 2008

In South Essex, England, there is reason to believe that bureaucratic red tape is impeding upon a teacher's ability to discipline. Recent statistics have shown that the number of "school exclusions" in South Essex has fallen by 10% over the last 10 years. While some have hailed the statistic as evidence of success, John Baron, a legislator in the Tory party, argues that the fall in exclusions has occurred "not because of better discipline, but because it has become more difficult to exclude troublemakers.” Baron asserts, “In too many of our schools, good education is being ruined by bad behaviour," because “bureaucratic rules imposed by the Government have made it harder for teachers to keep order.” Baron’s party supports a policy that would make it easier for teachers to deal with violence in the classroom. » article

School Governors Told 'Get Insured' over Danger of Litigious Parents
Nicola Woolcock, Times (UK), July 3, 2008

England’s school governors, volunteer members of a school’s governing body, are being instructed to take out insurance to protect themselves against litigious parents and the growing demands of government. Schools that stay open late and offer out-of-hours activities, programs that are in fact required by the government, are the most vulnerable to litigation.  Phil Revell, the chief executive of the National Governors’ Association believes that school officials oftentimes lack knowledge of their “full legal powers and responsibilities,” rendering them incapable of legally defending themselves.  As one insurance broker comments, “Most state school governors think their backs are covered but that isn't always the case. There are gaps.” The extra insurance will cost “hundreds of pounds a year” per school, and could deter people from volunteering for school governor positions.  In the past, school governors have been sued for incidents such as teacher accidents in medical intervention and problems with diagnosing learning difficulties. » article

Tory Pledge to Restore School Discipline
ePolitix.com (UK), April 7, 2008

Conservative Party leader David Cameron is aiming to “end the right of parents to appeal to an external panel if their child is excluded” from British classrooms.  He is also proposing to stop fining schools who expel their students, a punishment which surely deters schools from making their own discipline decisions. The hope is that these changes will "help put the teacher back in charge of the classroom.”  Cameron said, "I think we do need a restoration of common-sense…Teachers shouldn't have to be looking over their shoulder at the threat of legal challenge when they are taking the steps necessary in order to ensure that their schools are environments where the majority of pupils can learn." » article

Children ‘Over-indulgence’ Slammed
Press Association (UK), March 22, 2008

A great many students are showing up to school, “tired and badly behaved because they are over-indulged at home…Parents who struggle to cope resort to spoiling their youngsters to keep them quiet while teachers offer rewards to encourage pupils to pay attention in class.” A study from Cambridge University revealed that “poor standards of behaviour was one of the biggest causes of stress and extra work for school staff.” Not surprisingly, there has been a “‘noticeable change in the climate of schooling’ over the past six years.” The inability for parents to appropriately discipline their students “spills over into schools, making it more difficult for teachers to cope with youngsters.” The Cambridge study also noted that “even in the early years of primary education,” students have become “reluctant to follow instructions and that a minority could be extremely confrontational, used foul language and could even be physically aggressive.” Though some schools offered rewards for behavior, such as “snacks" or “a day off school,” the study found that “Motivation to listen carefully and courteously to the teacher or one's fellow pupils rests on a desire to win a free can of cola rather than from a growing understanding among class members of their interdependence as human beings.”

The New Golden Rule
Zosia Bielski, National Post (Canada), March 20, 2008

A Canadian parent “sued his son's Grade 2 Montessori teacher, claiming that she ‘purposely and maliciously worked to damage the self-esteem’ of his son over such things as failing to encourage the child's spelling, not sending home a daily homework list and, in one case, displaying an unfinished poem in the school hallway.” Interestingly, it is often the rules and regulations which put pressure on teachers to display student work despite flaws. This “growing trend of parents who, unhappy with their children's education, take their complaints to court” is “a sign of the extended reach of parental meddling.” Walter Olson, a litigation expert and senior fellow at the Manhattan Institute, said that “the new breed of litigation-happy parents are stigmatizing the teaching industry, and spoiling kids in the process…You send a terrible signal to people who are teaching that we no longer trust your judgment.”  Similarly, David Anderegg, author and professor at Bennington College in Vermont, said, “I think it speaks to parents' tremendous misplaced anxiety that they need to protect their children from adversity of any kind…A little bit of adversity which is overcome is a good thing, rather than having a childhood where you never experience any adversity of any kind."

Bad Pupils to Be Kicked Out of Public School
Paul Lampathakis, Sunday Times (Australia), March 15, 2008

Education Minister Mark McGowan of West Australia is looking to make a “drastic cut in the ‘mountains of paperwork' and red tape that surround expulsions.” His hope is to “stop students who have been expelled from shifting to other mainstream schools, where they can continue causing chaos.” McGowan’s plan also includes reforming the current requirement of principals “to provide 12 pieces of documentation to an exclusion panel in order to get rid of a bad student” so that it is “streamlined and simplified.” McGowan said, “Teachers, like other public officers, must be able to do their jobs without the threat of violence or abuse,” and if “expulsion [is] the appropriate form of punishment, then a school should not be frightened to do so because it improve[s] the school environment for everyone else.” » article

Team Effort Needed to Bring Order to Schools
Ronnie Smith, Edinburgh Evening News, February 6, 2008

The General Secretary of the Educational Institute of Scotland, Ronnie Smith, is concerned that “indiscipline remains a real concern for teachers in Scottish schools.” One reason for this growing problem is the implementation of “policies of inclusion and the presumption of ‘mainstreaming’ pupils with, for example, behavioural difficulties…” Though many argue for the “rights” of such students, Smith asserts that “teachers have the right to teach and that young people have the right to learn in a safe environment.” Though most “pupil indiscipline takes the form of persistent low level disruption…dealing with this is exhausting for teachers and frustrating for other pupils. The people who lose out most are the other pupils in the class whose rights are ignored and whose learning is inevitably damaged.” Some of Smith’s solutions include supporting teachers and providing “firm yet fair discipline policies…backed up by effective sanctions, including the right to exclude pupils for persistent poor behaviour.” » article

Bring Back Discipline in Schools
John Snobelen, Cornwall Standard Freeholder (Ontario, Canada), January 24, 2008

Former Ontario Minister of Education John Snobelen reflects on “the breakdown in discipline,” in Ontario schools, which “isn't just a problem when it results in a tragic death or the horrific rape of a student,” or “when weapons are brought into a school.”  The ignoring of minor discipline problems is, in fact, worsening the problem: “When educators abandon discipline they abandon one of the principle reasons schools exist. Knowledge and skills are meaningless without the habits and discipline to put them to work.” Snobelen explains that the force behind poor discipline is “a culture of silence that prevents students and teachers from taking action to stop criminal behaviour in…schools.” In other words, because it is “easier to ignore chaos than it is to instill discipline,” “the hallways and lunchrooms are given over to criminals and gangs.” Snobelen believes that the only true solution to this problem rests not in the hands of the school district or the Ministry of Education, but rather in the hands of “the teachers, principals, parents and students.” “The real difference never gets made in a boardroom,” advises Snobelen, "it happens in a classroom.”

Legal Fear in Schools

New Indiana Law Gives Teachers More Legal Protections
Mike Smith, Associated Press, May 12, 2009

"‘Education cannot start until disorder stops,’" argued Indiana Governor Mitch Daniels this week while signing legislation that will give public school educators “‘qualified immunity’ from lawsuits when they take reasonable actions to impose classroom discipline.”  Governor Daniels, along with state Attorney General Greg Zoeller and Superintendant of Public Instruction Tony Bennett, pushed for the measure after witnessing firsthand the effect classroom disorder had on students’ ability to learn and hearing of the legal threats educators had received from parents of disruptive students.  The legislation, which takes effect July 1^st, allows judges to dismiss discipline lawsuits earlier in the legal process and instructs the state attorney general to defend educators from such suits.  "‘90 percent of the kids and 90 percent of the parents really do a good job, but this will give an opportunity to really work with that 10 percent that causes some issues,’" states one Indiana school superintendent about the measure.  "‘You know,'" he continues, "'it really doesn’t take very many kids to ruin a classroom.’"  » Associated Press article  » WLFI article

Bill Could Give Legal Protections for Teachers
Deanna Martin, Chicago Tribune, January 28, 2009

Indiana lawmakers will vote sometime this week on a bill granting teachers immunity from lawsuits, provided that they “act reasonably and in good faith to maintain classroom order.”  Governor Mitch Daniels, who supports the bill and pushed for it during his campaign, says he’s heard teachers throughout the state complain of their fear of lawsuits.  Third grade teacher Angie Morgan, who testified in support of the bill before the Senate Committee, described how a student once put her in a choke hold, and – knowing she wasn’t legally allowed to use a hold or restraint against the child – how she was forced to wait until another adult entered the room and intervened.  Morgan says that “‘the fear of legal ramifications if something happened to the child was there’” in her head the whole time.  Dan Clark, deputy director of the Indiana State Teachers Association, said the proposed bill would eliminate this scenario, allowing teachers to “act quickly to restore order rather than hesitate and worry about a possible lawsuit.”  The bill would also enable judges to reject meritless lawsuits against teachers at the beginning of the process, instead of forcing educators to waste time and money on defending themselves in court.  "‘Teachers and principals are expected to be in charge,’" Clark said.  It’s about time this is reflected in policy that supports their authority, instead of weakening it.  » article  

Parents Fight for Diabetic Kids' Rights
Carolyn Starks, Chicago Tribune, December 8, 2008

Carolyn Starks of the Chicago Tribune reports that the over-bureaucratization of schools and their fear of lawsuits has now extended to diabetics and the treatment of their condition.  Emblematic of this trend is the story she relates of a suburban Chicago mother who had to drive every two hours to her son’s elementary school to test his blood sugar, as the school considered his blood-testing device’s lancet – “the smallest needle in the world” – a weapon and wouldn’t allow it on the bus.  Starks adds that liability fears have caused other districts to ban diabetics from extracurricular activities and sports teams absent the presence of a nurse or guardian.  » article

Pizza for Passing TAKS? That's Illegal, Texas Schools Chief Says
Associated Press, October 10, 2008

Texas Education Commissioner Robert Scott recently advised school officials against rewarding students who pass the Texas Assessment of Knowledge and Skills (TAKS) with pizza parties, field trips, or other goodies, relating that such rewards may violate education privacy laws by singling out those who fail.  And according to Debbie Ratcliffe, the Texas Education Agency’s spokeswoman, even holding an assembly to recognize the vast majority of students who pass the exam is a violation of the Family Educational Rights and Privacy Act.  "‘If you have 20 students in a room and single out 15 who passed the test,’” she states, “‘it's pretty obvious who didn't pass.’" » article

Smile: V'land School Pics May Be Back
Kristi Funderburk, Daily Journal (NJ), October 3, 2008

After cancelling “the annual rite of passage” last month due to liability concerns, the Vineland, NJ, public school system has drafted a policy to regulate the future taking of class portraits in the district.  Included in the proposal are requirements that, “before a single frame is snapped,” students seeking to have their picture taken obtain permission from a parent or guardian and prospective photographers possess $1M in liability insurance.  "In light of the way things are in today's society, you have to err on the side of caution,” states Vineland Board of Education President Frank Giordano.

V’land School Pix Nixed as Plan Reviewed
Kristi Funderburk, Daily Journal (NJ), September 11, 2008

Public School officials in Vineland, New Jersey have cancelled class portrait days at elementary and middle schools, citing a "lack of oversight" in the process. District Superintendent Charles Ottinger, without a doubt wary of the schools' potential legal liability, states the need to ensure that “the district takes the proper steps” before portrait day. Vineland parents are understandably upset at the district’s intentional move towards a bureaucratic process. Ottinger says of picture day: “If we do it, it would be better controlled under the jurisdiction of the district.” Ottinger is considering a number of gratuitous measures, among them asking parents to fill out permission forms and implementing a policy for photo use, to clarify that photos can only be used by the school. Not surprisingly, Vineland School Board members are concerned about the delays of adding more bureaucracy to what was once a simple process of snapping students' pictures. 

City Digging Deeper to Settle School Lawsuits
Yoav Gonen, New York Post, August 11, 2008

The financial burden caused by lawsuits in New York City schools is approaching 50 million dollars. According to the City Comptroller's Office, payouts from lawsuits filed against the New York City Department of Education "shot up by 29 percent last year, to $47 million." Charges in these suits often included bureaucratic glitches, such as building code violations not being addressed immediately. The cost was almost 11 million dollars higher than in 2006, "even though the total number of settlements rose by only two." It appears as though "a doubling in the number of settlements that ranged from $250,000 to $1 million," from 12 to 24, was the major cause of the increase. » article

Classroom Incident Probed
Melissa Pamer, Pasadena Star-News (CA), March 28, 2008

After students complained that their substitute teacher “assaulted” someone in the class, administrators took immediate action.  Unfortunately, it wasn’t until the teacher was removed and the police investigated that the truth was revealed: “The teacher used the tip of her finger and patted (the student) on the forehead.’”  South Pasadena Unified School District Superintendent, Brian Bristol, defended the school’s actions, although he refused to “confirm details about the alleged forehead-tapping.”  It is clear now that this premature response was based entirely on the fear of legal action, as the district is now “consulting with its legal counsel as to how to proceed.”

ACLU Sues School over Poor Graduation Rate
Don Jordan and Christina DeNardo, Palm Beach Post (FL), March 19, 2008

Claiming that the district is “violating students' rights to a high-quality education as outlined in the state constitution,” the ACLU is bringing a suit against the Palm Beach County on behalf of about a dozen Palm Beach County students and their parents. The ACLU alleges that the District is “not providing a uniform, efficient, safe, secure and high-quality education” to its students, as evidenced by the District’s low graduation rate and seeks, among other demands, “An injunction and order mandating and requiring the Defendants to improve the overall graduation rate in the Palm Beach County School District.”  This is yet another example of a “totally misdirected” and “misguided” lawsuit, as school board Chairman Bill Graham labeled it, that unnecessarily involves the courts in education. Though the issue of graduation rates has “never before [been] challenged in the courts,” Chris Hansen, a senior staff attorney with the ACLU, said that the county should view the suit as a “positive instead of a negative” and claims that this will “help focus attention and resources," yet his ideas seem illogical given the “attention and resources” that are more than often stripped from the classroom to respond to such lawsuits. 

Student Suing After Being Awakened by Teacher
Paul Lampathakis, Associated Press, March 13, 2008

In one of the strangest lawsuits of our time, the school district in Danbury, Connecticut is “being sued by a student who was awakened in class by a teacher who made a loud noise.” Once again, rather than claiming responsibility for their child’s misbehavior, the parents claim that their son “suffered hearing damage when his teacher woke him up by slamming her hand down on the boy's desk.”  What’s not clear is how much the child’s learning suffered from his sleeping habit, and why the parents feel they can seek retribution for an act of disrespect initiated by their child. » article

Parents of 5-year-old Handcuffed in School Will Sue City for $15M
Carrie Melago, New York Daily News, February 21, 2008

Not surprisingly, the handcuffing of 5-year-old Dennis Rivera has turned into a lawsuit of “$15 million over psychological damage” filed by Dennis’ parents. The parents claim that the boy “suffered wrist injuries as well as psychological and emotional damage when he was cuffed and hauled off to Elmhurst Hospital Center's psych ward following a tantrum,” that, according to the school, involved “knock[ing] items off a desk.” Additionally, “the day before the handcuffing, Dennis punched an assistant principal on the head and broke glass in a door, but his parents deny it.” Perhaps if the parents were not in denial and could do their part in managing their son’s behavior, schools, rather than the courts or the police, would have the power to properly and sensibly discipline misbehaving students. » article

Miscellaneous

Children's Lack of Playtime Seen As Troubling Health, School Issue
Linda Jacobson, Education Week, December 3, 2008

In the latest issue of Education Week, Linda Jacobson reports on a recent meeting of early-childhood experts convened “to arrest what they see as the loss of free, unstructured playtime for children both in and out of school.”  Psychologist and author Michael Thompson addressed the event, telling the 900 attendees that “the rise of childhood obesity, anxiety, depression among children, and attention-deficit hyperactivity disorder” is attributable to children’s loss of play.  “‘We are doing wonderful things for kids,’” Thompson said, “‘but we are not leaving them alone enough.’”  » article (subscription required) » Associated Press article on the event  

Lawsuit Costs are Hurting Public Schools
John Merchant, Napa Valley Register (CA), March 19, 2008

According to a report released by the Citizens Against Lawsuit Abuse, three California school districts have spent “more than $32 million on verdicts, settlements and outside counsel to defend themselves against lawsuits. With more than 1,000 school districts in the state, it’s clear that a full accounting of costs statewide would be astounding.” Because “schools are the ones that suffer when money is spent for legal purposes,” lawsuits have a hugely negative impact not only on educators, but on students as well. “One district “was ordered to pay at least $95,000 in lawyers’ fees under the settlement reached with the families, in addition to paying for its own attorneys.” John Merchant, the chairman of California Citizens Against Lawsuit Abuse, asserts that “lawsuits are taking an enormous toll on our education system. Districts’ budgets already fall woefully short of the needs of our children and teachers; we cannot afford to let litigation drain our schools of any more much-needed resources. Our children deserve better. We must demand reform so that our education dollars go to classrooms, not courtrooms.” » article

No Child Left Behind

Recess and Physical Education Classes Makes for Better Students
January 28, 2009

U.S. Education Chief Says L.A. Due Aid for Troubled Schools
Will Sentell, Advocate Capitol News Bureau (LA), February 1, 2008

Recent “complaints that [No Child Left Behind] has bogged down teachers in excessive paperwork,” are prompting leaders to ask for more simple procedures under the law. As in most states, Louisiana teachers “already face lots of [paperwork] because some of Louisiana’s accountability rules.”  Louisiana State Superintendent of Education Paul Pastorek requested that Margaret Spellings “streamline the process to minimize paperwork for teachers,” so that, “teachers can meet paperwork requirements one time, send it to the state and let state officials direct it to any other stops.” Recognizing the need for change, “Spellings noted that there are lots of federal, state and local paperwork requirements in education,” and she said “Louisiana has a strong education data system, which could help ease federal requirements for teachers.” » article

Money Left Behind
Susie Pakoua Vang, Fresno Bee, January 20, 2008

Though Lincoln Elementary school has chosen to give up nearly $250,000 in Title I funding under No Child Left Behind, the school has “gained something its teachers considered even more valuable: more independence.” This new “flexibility” is a victory for Lincoln’s teachers who, under Title I funding, spent “too much time…on paperwork, when time could be better spent on more innovative teaching efforts." “Now, Lincoln's staff will use creative student programs that teachers would not have had time for under provisions of the No Child Left Behind Act,” and they are recognizing the value gained when “local educators [are able] to dictate what is best for students.”

Reform Proposals in Schools

Education Commissioner Orders Providence Schools to End Seniority Bumping
Linda Borg, Providence Journal, February 19, 2009

Rhode Island Education Commissioner Peter McWalters has ordered city schools to begin filling teacher vacancies based on qualification rather than on seniority.  McWalters says that “principals need to have the authority to select teachers who not only agree with the school’s mission but are best suited to the needs of those particular students.”  He says that research has, for years, hailed common school culture as one of the most critical factors for student success.  Though his order conflicts with the Providence Teachers Union contract, McWalters doesn’t doubt that he has the authority to act – in fact, he believes he has “the obligation and responsibility” to do so.  “’I’m saying that seniority is not an appropriate way to manage the assignment of teachers based on what we know in the 21^st century,’ he said.  ‘It’s no longer about teacher preferences.  It’s about whether the teacher is the best match for that particular student.’”  » article

Adviser to Mayor Says Duffy Will Push for Change in State Education Laws
Bud Lowell and Bob Smith, WXXI (Rochester, NY), February 11, 2009

Rochester Mayor Robert Duffy believes state laws are holding back education reform in New York.  With other locales such as New York City and Chicago turning over school management to the mayor, Duffy and his education advisor Joe Klein believe mayoral control is “only as good as the mayor.”  For them, the solution to better schools lies in the elimination of restrictive state bureaucracy.  The first thing to go, they argue, should be the due process law that makes it nearly impossible to fire ineffective teachers.  Klein says State Law 3028 makes it cost between $250,000 and $300,000 to fire a bad teacher.  Another law to be eliminated makes it nearly impossible to set up special schools for children who disrupt regular classrooms.  Klein says Rochester needs three of such special schools, each staffed with the best teachers and resources needed to turn those children around.  » article

Georgia’s Largest School System Opts Out of State Rules
D. Aileen Dodd, Atlanta Journal-Constitution, December 17, 2008

Gwinnett County, GA’s school board has proposed a “flexibility contract” with the state’s Department of Education, which would free the district from various state mandates and allow greater local control over the education of Gwinnett students.  The proposed five-year plan seeks flexibility in 12 areas, including teacher pay, class sizes, and limiting the duties of aides in classrooms.  The Gwinnett district, with about 160,000 students, is the largest in the state and is the first to seek flexibility under the state’s Investing in Educational Excellence legislation.  The Atlanta Journal-Constitution relates: “The program is intended to give school systems that promise to enhance student achievement the freedom to get creative.  In exchange for the freedom, the districts promise greater accountability to the state for student performance.”  Carol Boyce, Gwinnett’s school board chairwoman, says of the new contract: “We see this as a huge benefit that will let the local schools make the decisions that they need to improve.”  Under the new plan, which could go into effect as early as July 2009, principals would have the power to map out strategies for student achievement, and would be able to implement these strategies with budgets unaffected by costly, unfunded mandates.  » article

Challenging Tenure in D.C.
Marcus Winters, Washington Times, November 5, 2008

Manhattan Institute scholar Marcus Winters commends Washington, DC Chancellor Michele Rhee’s efforts to limit teacher tenure in DC’s school system.  Winters questions the basic purpose of K-12 tenure which, he relates, “nearly all teachers who stick around long enough are granted.”  More importantly, he points out just how difficult it is to remove tenured teachers: “Teacher contracts set out a process through which a tenured teacher can be fired, but these processes are so burdensome that school systems don't bother.”  In Illinois, for example, legal fees for firing a tenured teacher amount to more than $219,000 – and, on average, Illinois only fires two teachers each year.  Winters argues that “[p]ublic school teachers do not require, nor do they warrant, insulation from evaluation of their performance,” especially because, “tenure is the most powerful tool stopping us from removing such bad teachers.”  In fact, Winters states, “it is difficult to see any use for [tenure] other than to protect the jobs of teachers whose performance is too poor to assure continued employment on its own.” » article 

Daniels Wants to Give Teachers Legal Backup When They Dole Out Discipline
Trevor Brown, Indianapolis Star, August 12, 2008

A new statewide proposal by Indiana Governor Mitch Daniels could offer public school teachers and other officials "new legal protections when punishing students." Daniels believes "Students can't learn and teachers can't teach in classrooms where kids are disruptive." The governor also recognizes that "Some teachers are afraid to restore order when needed because they fear legal harassment." He holds that both of these situations are "unacceptable," and also hopes that the new proposal will give teachers "more confidence to govern their classrooms." Support for Daniels' proposal is coming from all sides of the political spectrum; his gubernatorial opponent, Jill Thompson Long, also supports the proposal, with her campaign spokesman commenting, "It will give teachers all the tools needed to succeed in the classroom."

DPS Board Reviews New Incentive Plan
Nancy Mitchell, Rocky Mountain News, April 15, 2008

In an effort to grant autonomy to principals in Denver public schools, the school board is reviewing a new incentive system that would “reward schools performing well with more freedom in budgeting, hiring and instructional choice.”  Brad Jupp, DPS senior academic policy adviser, said, “As schools begin to improve, we want to be able to release them.” This new system, along with others in the new “School Performance Framework” will be offered to schools based on whether or not students progress on their exams. Schools who perform below par will endure more regulations, not less. The ultimate goal, however, is for “schools [to] set their own goals and work with DPS leaders to vary implementation of district curriculum.” » article

States Eye Looser Rein on Districts
Linda Jacobson, Education Week, March 4, 2008

A new wave of decentralization is sweeping the nation and will “give school districts greater operating flexibility…as states seek to spur innovation that will help raise student achievement.” J. Alvin Wilbanks, the superintendent of Gwinnett County schools in suburban Atlanta, said, “We’ve been saying all along that we’re in the school business, and we should know best how to provide instruction.”  Unlike “site-based management, a trend in the late 1980s and early 1990s” that was unsuccessful in giving schools “control over education spending,” “states are looking for ways to loosen the regulatory reins and give districts more leeway in making decisions.” According to Donald R. McAdams, the president of the Center for the Reform of School Systems, “You won’t stimulate innovation, and you won’t have much impact, when you’re too prescriptive.” In California, rather than holding “schools accountable for the results of pupil performance,” without giving them “the resources and flexibility to allocate them to achieve those results,” districts have entered into a new partnership “that will free administrators there from some restrictions attached to school funding, with the understanding that they are working on specific priorities.” Michael E. Hanson, the superintendent of the Fresno, California district, said, “If we’re going to go after these [priorities] we’re going to need some relief and flexibility.” » article (subscription required)

Goff School Bill Offers Flexibility
Jeremy P. Meyer, Denver Post, February 1, 2008

Colorado Senate President Peter Groff introduced a new bill called the "’Innovation Schools Act of 2008,” that would allow schools to cut through loads of red tape. Rather than being mandated to follow “state statutes regarding teacher pay and hiring” and the “laundry list of things that impairs and impinges innovation,” schools would be granted the autonomy to make a number of decisions on their own. While drawing opposition from the teacher’s union, Senator Josh Penry commended Groff’s bill stating: “The idea of giving these schools broad flexibility to get kids to where they need is a fight worth picking." The bill would create ‘innovation zones,’ providing schools freedom over such issues as their budget, hiring decisions, graduation requirements, and length of the school day, while still being held accountable for student achievement through the state’s accountability system. Several schools in Colorado have already attempted to be granted such autonomy in order to be freed from rules and regulations that they believe are “holding them back.” » article

Social and Emotional Learning: Educating the Whole Child
Jeff Franklin, Southern Illinoisan, January 29, 2008

One way to improve school climate is to teach “social and emotional development or learning (SEL),” which is proven to be “foundational to children's success in school, work, and life.” Not only does this method of teaching “prepare students to learn, but also increases their capacity to learn.” Recently added to Illinois state learning standards are the five SEL competencies of “self-awareness, self-management, social awareness, interpersonal skills and responsible decision-making skills,” all skills that could significantly improve school culture state-wide.  The goal of this program is the “creation of a safe, caring and highly participatory learning environment,” by recognizing that “feelings, thoughts and actions are interrelated.” » article

Special Education

Students Who Turn Violent Are Core of Issaquah Labor Dispute
Lynn Thompson, Seattle Times, April 19, 2008

In 2006, a 13-year-old autistic boy in Seattle assaulted his teacher and two assistant teachers. This story is now the heart of a dispute between “educational assistants, who want to retain contract language that lets them opt out of working with students whose behavior poses a safety threat, and the district, which argues that aides and teachers can't choose whom they'll work with.” Chris Svensson, an educational assistant in Issaquah said, “We're seeing more students with serious behavioral issues. The numbers just keep going up." Though few autistic children are overly violent or aggressive, “they and other children with behavior disorders present a serious challenge for the schools that must educate them.” Jill Nichols-Hicks, one of the assaulted aides is herself a mother of two autistic children and she openly admits that, for the small number of autistic students who behave dangerously, "We need help." » article

Goin: Schools Need Relief
Patty Miller, Edmond Sun (OK), February 23, 2008

During Congresswoman Mary Fallin’s tour of the Edmond, Oklahoma school district’s special education program Friday, she learned that the district spent “$15.4 million in 2006-07 for services mandated by the Individuals with Disabilities Education Act — more than four times the amount provided by the federal government through the program.”  David Goin, superintendent of Edmond Schools, says that the district is “diligent in fulfilling [their] responsibilities to provide all students with an appropriate education,” but “the costs of providing services required through IDEA are extraordinary, as are the unending paperwork and documentation requirements, and federal regulations related to student behavior and the ever-present threats of litigation that surround IDEA programs.”  » article

Lawsuit Challenges State Special Education Hearings
Scott Marshall, North County Times (CA), February 11, 2008

An unhappy San Diego family is attempting to combat special education due process problems with more legal action. Claiming that the “state officials who decide disputes between parents and school districts over special education services are unqualified, inadequately trained and side with districts too often,” the family filed a federal class-action lawsuit against the state department of education. Though many feel that greater legalization will somehow improve California’s over-legalized system, some parents recognize the need for toning down the legality of such processes. Jennifer Ruiz of Team of Advocates for Special Kids believes that “asking for and going through a due process hearing is ‘always really hard’ emotionally and financially on parents.”  In fact, “while a due process hearing is pending, the child has to remain in the same school setting and may continue to fall behind or show other behaviors, leaving a parent feeling ‘helpless,’ Ruiz said.” » article

Student Discipline and Zero Tolerance

Common-Sense Approach Is Needed for 'Zero Tolerance'
Representative Michael A. Barbieri, News Journal (DE), June 11, 2009

In a letter to the News Journal, Delaware House Representative Michael A. Barbieri calls for more a “common sense” approach to discipline.   Delaware’s current zero tolerance policy allows little discretion to school administrators “who are helplessly bound to follow the letter of the law.”  Barbieri recounts the incident earlier this year at May B. Leasure Elementary, where an elementary school student was expelled for bringing a knife to cut her birthday cake.  Similar nonsensical incidents have abounded in recent years, earning the criticism of parents and lawmakers alike.  In January, the University of Delaware released a policy brief suggesting that the “harmful effects of zero tolerance policies on students and their families may outweigh the benefits of deterring student misbehavior.”  Barbieri’s House Resolution 22, which passed in the chamber last month, will create a “Zero Tolerance Task Force” to protect students from the harm these policies can inflict – to “find a common-sense approach that balances mandatory school crime reporting for serious offenses with giving school administrators professional discretion in administering policies.”  » article

Back Away from Balloon
Maureen Downey, Atlanta Journal-Constitution, June 1, 2009

Atlanta Journal-Constitution columnist Maureen Downey highlights a concerning trend: that “teens are being arrested for juvenile behavior that once warranted a stern lecture, a call to Mom and Dad, and a promise of restitution and reformation.”  Two friends of Downey’s son were forced to spend the final moments of their senior year in a police holding cell.  What was their crime?  They were arrested by the school resource officer for throwing water balloons.  Rick McDevitt, president of the Atlanta-based Georgia Alliance for Children, points out that these tough, draconian disciplinary measures may in fact be counterproductive.  “We seem to want to teach kids some sort of lesson by being tough,” he says.  “We want kids to respect authority, but authority abuses them and doesn’t respect them at all.”  J. Tom Morgan, the former DeKalb County District Attorney, agrees.  “We are talking about kids being kids.  If everyone our age who threw a water balloon got arrested, we’d all have criminal records.”  McDevitt adds: “We have become an arrest-and-court happy society, and that is troubling ….  Seems to me there are other ways to teach kids to make good choices than arresting them and putting them in handcuffs.”  » article

The Harlem Miracle
David Brooks, New York Times, May 7, 2009

New York Times columnist David Brooks highlights an essential element of the successful Harlem Children’s Zone: the creation of “a disciplined, orderly and demanding counterculture,” and “meticulous attention to behavior and attitudes.”  The schools “teach students how to look at the person who is talking, how to shake hands.”  Kids are also taught self-discipline; “how to control impulses; how to work hard.”  A structured, orderly classroom environment is not only a necessary precondition for learning, it may, in fact, be a “remedy for the achievement gap.”  » article

School Behavior Needs to Be Addressed
Charleston Daily Mail (WV), May 7, 2009

An editorial in West Virginia’s Charleston Daily Mail urges state policymakers to focus on teachers’ number one complaint: the lack of discipline in schools.  According to Judy Hale, president of the West Virginia chapter of the American Federation of Teachers, survey data shows that teachers spend 20% of their classroom time on discipline.  High school principal Clinton Giles says that when teachers are occupied by a few students’ disruptive conduct, “teaching and learning come to a grinding halt” for the entire classroom.  The paper proposes a meeting – of teachers unions, legislators, school leaders, and the governor – to figure out a way to address behavior issues.  “ West Virginia has made a great commitment to education in terms of dollars and cents,” the editorial reads, “but that investment is undercut by adults’ collective failure to address disciplinary problems.”  » article

Tolerance Waning for Zero-Tolerance Rules
Valerie Richardson, Washington Times, April 21, 2009

A recent article in the Washington Times draws attention to a number of states’ efforts to loosen their zero tolerance policies, allowing for situational judgment at the school level.  Colorado state Senator Kevin Lundberg said he proposed his legislation, which would allow students to bring prop rifles to school as long as they leave them in their cars, after a female Colorado student was threatened with expulsion for bring three such rifles to school for drill team practice.  "We tried to add a little common sense," said Mr. Lundberg.  In Texas, a state Senate committee is considering a bill that would allow school officials to take into account "mitigating factors" before punishing students for violating zero tolerance policies.  The legislature in Rhode Island approved a similar bill in 2007 that allows school officials discretion in punishing students who bring weapons to school.  "I believe that we should strive to keep our schools as safe as possible," said state Senator Mario Gallegos, the Democrat who sponsored the bill.  "However, I also know that in the real world, nothing is black and white.  In a world filled with gray areas, we must give our school districts the discretion to choose the appropriate punishment for those students who break the rules due to mitigating circumstances."  » article

Sustain Discipline Progress
Post and Courier (SC), April 12, 2009

An editorial in South Carolina’s Post and Courier asserts that while many aspects of education policy are debatable, one tenet holds true: “Teachers can't teach and students can't learn when rampant discipline breakdowns render the educational process impossible.”  It cites a recent survey of the Charleston Teacher Alliance which found that 60% of teachers agreed with the statement that “‘most of my students suffer because of a few persistent troublemakers.’”  What’s more, 89% of teachers in the survey admitted to avoiding work in certain schools because of discipline problems.  The paper writes: “When a rampant lack of order undermines teaching and learning, and in some cases even threatens the safety of educators and students, everybody loses – including the instigators of the chaos. …  And the only way to solve the problem is to teach students the fundamental lesson that educators, not young miscreants, are in charge in all of the county's public schools."  » article

5th-Grader Punished for Bringing Cake Knife to School
Jennifer Price and Terri Sanginiti, News Journal (DE), April 3, 2009

A fifth grade teacher used a student’s pastry knife to cut a cake the girl had brought to share with classmates, and after handing out the slices, turned the girl in for bringing a “deadly weapon” to school.  However absurd the teacher’s actions may appear, they are mandated by law.  Kasia Haughton, who “does well in school and has few disciplinary problems” ended up with a five-day suspension and faced possible expulsion for violating the district’s zero tolerance policy on weapons.  The policy specifies that “a knife measuring three or more inches is considered a deadly weapon,” and “regardless of intent, any student carrying or concealing a weapon is subject to a five-day, out of school suspension.”  After Houghton’s parents complained to the U.S. and Delaware Departments of Education, the district cancelled the girl’s suspension citing, not an error in judgment, but a technicality.  District spokesperson Wendy Lapham explained that the error hinged on “uncertainty over whether Kasia actually handled the knife.”  » article  

No-Touching Policy Spurs Student Protest
Noelle Frampton, Connecticut Post, March 26, 2009

Eighth-grader Patrick Abbazia is speaking out against a “no-touching” policy at East Shore Middle School.  In a letter to students and parents, Principal Catherine Williams and Assistant Principal Amy Fedigan wrote that “[p]hysical contact is prohibited to keep all students safe in the learning environment and to promote continuous student achievement."  The letter, prompted by two groin-kicking incidents between a few students, outlines prohibited behaviors which include pushing, shoving, groin-kicking, "hugging and horseplay," and warns that students who violate the policy may face suspension, or even expulsion.  Abbanzia thinks the school has gone too far.  "I have incidents all day long where I'm told, 'Don't touch whatsoever,'" he said.  “I even have a couple of teachers who've pulled me aside and said, 'don’t high five, I'll have to report you.'  Even a pat on the back has gotten to the point where teachers are questioning it.  I feel less safe walking through the halls than I did when people were pushing.”  Abbanzia’s father agrees with his son, suggesting that a certain physicality is important in day to day relations between students. "The people making these rules have lost sight of what's really important – you know, learning, skills that you can take with you- interacting with each other and getting along with each other," he said.

Related: Connecticut School Bans Physical Contact 

Birmingham City Schools Rely on Arrests to Keep Order
Marie Leech and Carol Robinson, Birmingham News, March 22, 2009

According to a recent article from the Birmingham News, the city’s public schools have become a “pipeline to the courts.”  With 27,525 students, Birmingham accounts for about 25 percent of the public school population in Jefferson County, and yet is responsible for more than 80 percent of the arrests that are referred to the Jefferson County Family Court.  According to court officials, the attempts of schools to restore order have had unintended consequences: “criminalizing students, flooding Family Court with cases that once would have been handled in a principal’s office, and ceding control of school property to the police.”  As a result of zero tolerance policies, Brian Huff, the presiding judge of the Jefferson County Family Court, says “we’re arresting children for offenses no one should be arrested for.”  Huff believes zero tolerance policies do away with common sense.  “Zero tolerance is a horrible idea.  It should be judged on a case-by-case basis.”  Last year, criminal trespassing arrests made up 12 percent of Huff’s caseload.  Most of those involved students who had been suspended and came back without a parent or guardian to check them back into school.  » article

Schools Aim for Alternative Discipline Forms
Ashley Northington, Schreveport Times, March 8, 2009

Caddo (LA) teachers union president, Jackie Lansdale, believes “there is a distinct correlation between discipline and academic achievement.  If you can’t have order, you can’t have teaching and learning.”  Last year in the Caddo school district alone, more than 3,500 incidents occurred where students were placed in an in-school suspension class for willful disobedience, or continuing to do something they knew was prohibited.  Another 3,100 were suspended and 14 were expelled from school for the same offenses.  Many contend that even these seemingly large numbers fail to reflect the true scale of discipline problems.  Landsdale says the school-wide positive behavioral system has been “greatly misinterpreted.”  “It was intended to keep good kids in the classroom, but what it does is keep disruptive kids in the classroom, which keeps good kids from learning.”  Louisiana Governor Bobby Jindal believes that a large part of the solution to school discipline lies in restoring power to classroom teachers.  Jindal plans to introduce legislation giving teachers greater authority to manage their classrooms.  At present, laws allow teachers to remove students only when they prevent orderly instruction or pose a threat to the student or teacher’s safety.  » article

A Lesson Plan for School Performance
Lindon Dodd, Evening News & Tribune (IN), February 23, 2009

Educator and columnist Lindon Dodd has a few simple suggestions to improve schools.  He cites student discipline as the main issue that leads “to a plethora of evils.”  Dodd calls the lack of respect for teachers today “alarming,” and asserts that “discipline has to be enforced before other problems can be addressed.”  He states the need for more alternate schools for chronically misbehaving students.  “Disruptive and insolent students take up way too much of any teacher’s time. …  These problem students are regularly just being sent back into the classroom to continue their disruptive behavior.”  » article

School Safety Debate Hits a Nerve -- and Demands Action
Errol Louis, New York Daily News, February 22, 2009

In his recent column for the Daily News , Errol Louis argues that New York City – which has 5,000 police personnel posted at its schools – “is long overdue for a sensible conversation about the right way to create a safe learning environment for our kids.”  “I don’t doubt that there are some deeply troubled students out there,” he writes.  “But we’ve lost all sense of proportion when 5-year-olds are being handcuffed and a 13-year-old gets arrested for scratching the word ‘OK’ on a desk.”  Louis states that he agrees with Common Good Chair Philip K. Howard that “fear of lawsuits” has led to “a welter of rules that tie the hands of adults in school.”  “All too often,” he explains, “fear of lawsuits trumps common sense and centuries of child-rearing experience.  The result is a system that does damage to children and leaves teachers – and school cops – demoralized.”  » article

Teen Won't Be Expelled in Nerf Gun Case
Tanisha Mallett, WBNS (Columbus, OH), February 20, 2009

In a victory for common sense in school discipline, Columbus City Schools will not expel a student who fired a Nerf foam-dart in school.  14-year-old Devon Scott could have been expelled for at least a year if officials had adhered to a strict interpretation of the district’s zero tolerance weapons policy.  The policy, crafted in adherence to the federal Gun-Free Schools Act, applies to even look-alike weapons the same punishment it would to real firearms.   Columbus officials, however, maintain that they are allowed some discretion in the matter, and will permit Scott to return to school.  Scott’s father, who called for “punishment that fit the offense,” believes the district made a just decision.  “‘They basically looked at the facts and realized that it wasn’t as serious as they once though it was,’” he said.  » article

Student Faces Expulsion for Fake Drill Team Guns
Kyle Clark, KUSA (CO), February 8, 2009

Marie Morrow, a 17-year-old senior at an Aurora, CO, high school, is currently serving a 10-day suspension – and facing possible expulsion – after fellow students reported seeing firearms in her car.  The problem is that the firearms were actually “drill team guns made of wood, plastic and duct tape,” and that they were in Morrow’s car because she’s a member of the Young Marines, “a group dedicated to teaching leadership and life skills.”  Despite these details, the school declared the drill props “‘authentic representations of genuine weapons,’ triggering a mandatory expulsion statute in state law.”  "‘The law doesn't make any distinction between a genuine weapon and a facsimile,’" states the school’s spokeswoman.  Not surprisingly, Morrow – who’s planning on attending the United States Merchant Marine Academy after graduation – and her supporters are dismayed by the lack of common sense shown by the school.  “‘There's no mistaking that these are not real rifles,’” says Chris Proctor, commanding officer of Morrow’s Young Marines group.  "‘I think somewhere along the line, logic has to take over and they have to be able to make exceptions to the rules.  Marie is one of the best kids that you could ever imagine ….’”  An expulsion hearing will be held later this month to determine whether Morrow should be allowed to return to school after her 10-day suspension, or whether her suspension should be extended, including for the remainder of the school year.  » article

Fixing the Schools, in Five Easy Steps! Step Two – Enforce Discipline
Norm Scott, Accountable Talk, January 2, 2009

In a series of blog entries, New York City educator Norm Scott lays out five steps to fix schools – the second one being to improve discipline.  Scott calls the current disciplinary system “elaborate,” “convoluted,” and patently ineffective.  His guiding principle is simple: “Put the needs of the many ahead of the needs of the few.”  Accordingly, “when it becomes clear that one or two students are preventing the others from learning,” teachers need the decision-making power to suspend them out of school.  Yes, Scott admits, “these students have rights.  Unfortunately these students also trample over the rights of kids who have come to school to learn.”  It is especially important that students with attention and behavioral problems be “helped in an appropriate environment, and not be allowed to use their problems as an excuse to run rampant in a classroom.”  Scott believes “this could all take place easily if we did one simple thing – stop punishing schools who suspend students.”  The fact that suspensions rates are detailed on school report cards, he argues, provides principals with a “disincentive to suspend anyone for anything less than class A felonies.”  » article

Let's Start with Discipline
Anthony “Tony” Costello, Star Press (IN), December 16, 2008

In thinking about how to improve Muncie students’ standardized test scores, Anthony Costello, an emeritus professor at Ball State University, has one suggestion: “a system of real and enforced discipline” that will encompass “every aspect of a student’s life in school.”  Costello even has a slogan: “Discipline= tough love= respect for learning in our schools.”  Instructional time for all students is lost when teachers spend up to a third of their class time “dealing with classroom discipline – establishing and restoring order, writing referrals, providing basic supplies” for which students themselves should be responsible.  Costello questions when administrators, charged with enforcing discipline, will follow through.  “When will teachers feel that their disciplinary actions will hold priority over “upset parents” and potential litigation?”  School discipline, Costello states, “lies at the heart of student performance.” If the Muncie Superintendent and School Board cannot effectively deal with a basic issue of respect and “establish a true ‘culture of learning,’ they will continue to see students with low ISTEP+ scores; gifted, experienced (and worn-out) teachers retiring early; enthusiastic, young teachers leaving the profession after a few years, and a community that cannot promote its schools as an asset.” 

Ex-Teacher’s Tips to Tackle Discipline
Lincolnshire Echo (UK), December 2, 2008

Retired teacher Pat Coates considers the best ways to stop bad behavior in her new book, Did Your Child Do Nothing at School Today?  Mrs. Coates, who taught for 35 years in Lincolnshire, England, says that over that time she noticed an increase in classroom disruptions.  “I wrote the book because I really feel there are some lovely children in schools, but the problem is a minority of children who cause teachers to waste time in the classroom.”  Mrs. Coates added that "teachers can deal with the issues but it is the time it takes to deal with the children that disrupts the rest of the class.”  Coates emphasizes the importance of stopping misbehavior at a young age, and she advises that “if these children are not dealt with when they are young then they turn into people who could cause problems in later life.”  » article

The 7 Habits of Highly Effective Schools
Kathleen Kingsbury, Time, November 21, 2008

In his new book, The Leader in Me, Stephen Covey applies his 7 Habits of Highly Effective People to education.  He describes how his seven habits establish a school culture where students assume responsibility, are proactive, and use discipline to achieve their ideas.  He points to the success of the A.B. Combs School, where the habits formed a value system, and gradually “became a part of the culture of that school.  So everyone became in a sense a leader, even if you were the leader of cleaning the classroom.”  Covey endorses the idea that leadership should be based on moral authority, valuing experience and intuition over position or formal authority.  The top-down, hierarchical structure removes responsibility from individuals – disempowering them and not holding them accountable.  By contrast, Covey points to Southwest Airlines, where “even pilots will clean up a plane if necessary,” and where, “people just aren’t hung up on rules and regulations in place of human judgment and creativity.” He believes that Habit 1 – Be proactive – is the most important and that “to be proactive means to take responsibility. All the other habits are based on that one.”  » article

Overhauling D.C. School Overcome by Violence
Bill Turque, Washington Post, November 9, 2008

Education experts point to a lack of administrative support and poor school leadership as the root of DC Public Schools’ student discipline crisis.  The district’s discipline problems, it seems, have of late spiraled into utter chaos.  George Parker, the president of the Washington Teachers Union, says he has received an unprecedented level of complaints about deteriorating student discipline.  This fall at Hart Middle School in Anacostia, three teachers have been assaulted, a 14-year-old was charged with carrying a shotgun, and students ran through the hallways discharging fire extinguishers.  William Lockridge, a member of the state board of education, says that during his visits to the school teachers seemed “reluctant to deal with students head-on.  The teachers feel that they are just overwhelmed.”  Chancellor Michelle Rhee was compelled to dispatch a team of administrators and extra security to Hart.  Vernon Williams, a union leader and Advanced Placement English teacher at Spingarn High School said he saw a generation of young and talented teachers who were burning out because of unruly students.  » article

We Must Not Settle for Less Than Best
Charles A. "Tony" Bennett, Indianapolis Times, October 26, 2008

In an opinion piece for the Indianapolis Star, educator and candidate for Indiana Superintendent of Public Instruction Tony Bennett relates his goals for the state’s Department of Education should he be elected.  In addition to ensuring teacher quality, providing adequate funding, and freeing the hands of school administrators, Bennett argues that the department should aid in “restoring discipline to our classrooms.”  “No children should have their learning compromised by the distractions of others,” he continues, “and no teachers should have their livelihood threatened by fear of litigation for simply maintaining basic order.”

More Pupils on Repeat Suspensions
Hannah Richardson, BBC News, October 25, 2008

New statistics released by England’s Department for Children, Schools and Families suggest that disruptive students are being repeatedly suspended rather than expelled.  The number of permanent expulsions in public schools fell 13% from 2004 to 2007, while the number of students suspended 10 or more times increased by over 150%.  Nick Gibb, the shadow schools minister, explains that teachers’ ability to effectively discipline students is impeded by independent appeal panels. The panels, mechanisms by which parents can question the disciplinary actions of schools, often overturn expulsions and send students back to class.  Gibb states that "heads need to be free to exclude disruptive and violent pupils without being second guessed or penalised for doing so," and that  "repeatedly suspending disruptive children instead of excluding them means they don't get the specialist help they need to get back on the straight and narrow.”  What’s more, putting these disruptive students back in class can be severely detrimental to the learning of focused, attentive students. » article

Safer Schools
Philadelphia Inquirer, October 18, 2008

An editorial in the Philadelphia Inquirer applauds Philadelphia School District chief Arlene Ackerman for declaring a disciplinary crackdown to expel and remove disruptive students from the classroom.  Perhaps due to the prohibitive process, the Philadelphia School District has not expelled a single student in over four years.  Misbehaving students were instead transferred to alternative schools or even left in the classroom.  Enforcing strict discipline in schools, the editorial argues, would “give control of classrooms back to teachers and students who want to learn.”  What’s more, it relates that Philadelphia has taken “another step in the right direction” by allowing principals to now suspend students for up to 10 days, the maximum allowed by state law.  “A few bad apples should not be allowed to wreak havoc for the majority of students,” the editorial concludes.  “They want to learn.”  

Handling of Accused Students Draws Fire
D. Aileen Dodd, Atlanta Journal-Constitution, October 1, 2008

In another sign of the broken state of school discipline in America, a coalition of parents in Gwinnett County, GA, is teaming up with local chapters of the NAACP and the ACLU to help educate parents on how to navigate the maze that is the Gwinnett school system’s over-legalized – and some would argue over-criminalized – discipline process. » article

Think Before You Expel
StarTribune (Minneapolis – St. Paul, MN), September 21, 2008

A concerned Minnesota citizen calls for common sense in deciding how to discipline Tony Richard, a student found with a box cutter in his car. Although the student informed school officials that he needed the tool for his after-school job at a local grocery store, Richard was suspended for 10 days under the school’s zero-tolerance weapons policy. Now, as Richard faces possible expulsion for his mistake, the author entreats school officials to "determine whether a transgression actually posed a threat to students," or if it was "merely a case of forgetfulness." In an era of zero-tolerance policies that are oftentimes blindly followed, “school officials must not allow the letter of the law to substitute for judgment and discernment” when implementing the school policy. While school violence is a serious issue, "intent must play a part in the enforcement of a policy so Draconian." » article

Proposed ‘Student Safety Act’ to Police Security
Sean Hennessy, WCBS (New York City), August 14, 2008

Due to the recent trend in New York City of School Safety Agents (SSAs) overstepping their bounds, the newly proposed Student Safety Act is designed to monitor the arrests, suspensions, and expulsions of students, which should ultimately allow principals the authority to supervise their SSAs. The Act calls attention to the discordant organization of authority in New York Public Schools, where SSAs answer directly to police supervisors, and principals have no direct authority over significant disciplinary decisions in their school community. Udi Ofer of the NYCLU says, “What used to be a walk to the principal’s office has now become a walk to your local precinct.” Backers of the bill claim that it will lead to more accountability and transparency in schools, whereas critics say it is yet another layer of bureaucracy. While it is clear that principals need some measure of authority over their SSAs, what is unclear is why more legislation is needed to allow this. » article

Teacher Sues District Over Injury
Herald News (IL), August 2, 2008

A teacher in Illinois who was injured by a chronically violent 4th grader is suing the school district after the school refused to expel her aggressor. Despite "150 documented incidents of violence or aggression" by the student, the child's parents prevented the district from moving him to "a therapeutic school...more suitable for his needs." Furthermore, once the district conceded and allowed the student to re-enter the original school, the parents still neglected to seek the treatment recommended by the district. The bureaucratic hurdles that allow violent and disruptive students to work the system have unfortunately been the cause of even more legal action in our public schools, all of which is damaging the authority and ability of teachers and principals to make common sense decisions.

NYPD's Schoolyard Bullies
Sean Gardiner, Village Voice, July 16, 2008

A School Safety Agent (SSA) who witnessed a small tussle between two Park Slope middle schoolers was accidentally hit while attempting to step between the boys. The principal of the school and a guidance counselor both insisted that "the incident could be handled without the police," and that this student had no history of horseplay. Nevertheless, the police came and arrested the 8th-grader, warranting an automatic suspension. The assault case was eventually dismissed in Family Court, but according to the advocacy group Student Safety Coalition, unwarranted arrests such as these have become increasingly common since the police took control of school safety from the Board of Education. Critics claim that "this army of poorly paid agents receives minimal training on security issues and no specialized training on how to deal with children." In addition, the system lacks "reporting requirement regarding actions taken by SSAs," so there is, "no way for an independent body like the City Council to provide oversight." Because of this, principals and school staff have no option but to obey the wishes of the School Safety Officers. The result is that the "NYPD is usurping the disciplinary power of principals." » article

Teacher Is Charged with Assault of 12-Year-Old
Theresa Vargas, Washington Post, May 16, 2008

Maria Waugh, a sixth grade teacher in Alexandria, Virginia, has been charged with assault against a 12 year-old, even though she was “only trying to defend herself from an out-of-control student.” When reached at home, Waugh explained that the incident was prompted by a situation all to common in today’s classrooms: “a student with behavioral issues who refuses to follow directions.”  The student – who, according to police, was not injured – approached Waugh after she asked him to step outside of the classroom, grabbed her arm, twisted it behind her back and pushed her against a chair. While she does not deny that she may have struck the student, she confesses to not knowing what else she could have done: “Sometimes it’s just hard to deal with kids that are so aggressive.” Waugh faces a $2,500 fine and up to one year in jail if convicted and has no choice but to hire a lawyer for when the case goes before a judge at the end of this month.”  In another unfortunate example of the lack of authority teachers now have in all matters discipline, Waugh has since resigned, but still hopes to teach again someday. » article

Report Finds Safety Problems in Philadelphia Schools
Kristen A. Graham, Philadelphia Inquirer, May 14, 2008

In response to a document by Pennsylvania safe schools advocate Jack Stollsteimer, the Pennsylvania state secretary of education, Gerald Zahorchak released a report, dubbing violence in Philadelphia schools as “unacceptably high.” Zahorchak’s report identified more than 6,200 serious violations of the school conduct code for the 2006-07 school year, raising many questions and recommendations for school safety improvements.  Though the two reports share similar data, Stollsteimer’s report carefully excludes the all too common minor infractions that are “bumped up to more serious offenses,” since schools lack the power to respond to students who are, for example, repeatedly disruptive.  Stollsteimer also claims that the Philadelphia school district violates state and federal safety laws by not expelling problem students, and that the number of hearings required for these students does not allow the district to “effectively punish” them. The president of the Philadelphia Federation of Teachers, Jerry Jordan, called Zahorchak’s report “spot on” and said that, “It’s a small number of bad apples who are really making it difficult for all students to learn in our public schools.” 

Districts Take Action to Stem Violence Aimed at Teachers
Vaishali Honawar, Education Week, May 6, 2008

According to the National Center for Education Statistics, violence in schools is down slightly in the past decade. But questions remain as to whether true progress has been made. Kenneth Trump, the president of National School Safety and Security services, “Are the numbers going down, or is reporting going down?” Trump argues that No Child Left Behind’s requirement of allowing parents to transfer their children out of schools given the “persistently dangerous” label encourages school administrations to underreport incidents of violence to prevent students – and funding – from leaving their schools. Data from the Hamilton Fish Institute supports this: when asked anonymously about violence in their schools, students report a higher incidence than is reflected in reports from officials. Elayna Konstan, the chief executive officer of the office of school and youth development in the New York City Department of Education says that NYC public schools are making headway because, “we are taking a look at the climate and culture of the schools and…creating a climate that’s supportive.” » article (subscription required)

Discipline Data Report Shows Rise in Disorderly Conduct in Schools
Jennifer Von Reuter, Your4State, April 15, 2008

Washington County Public Schools recently released discipline data, revealing a rise in disorderly conduct in elementary, middle and high schools. Office referrals have increased dramatically for incidents involving “classroom disruptions, tardiness, and refusal to obey the school,” and in middle schools, referrals for being disrespectful “almost tripled.”  Not surprisingly, a higher level of tolerance for minor incidents of misbehavior has led to more suspensions in those categories, while “suspensions for fighting and physical attacks dropped.” » article 

Expelled, But Not Out
Steve Marcus, Las Vegas Sun, April 14, 2008

In Las Vegas, it is becoming increasingly difficult to find the appropriate setting for expelled students, and there is no real opportunity for behavior reform. Instead, students are shipped—along with their behavior problems—from school to school, like “depot stations, with students arriving and departing on a regular basis.” Because “scant data” exists about the students being shuffled back and forth, the district cannot improve upon its practices. Due to limited space, many new students are denied entrance, and “principals are expected to handle the minor offenders themselves.” This overflow requires the district to “modify a student’s punishment to something less severe than formal expulsion.” Edward Goldman, Clark County School District associate superintendent of education services, said, “You have to use discretion…Every case, every kid, is different. They are entitled to a hearing, and we look at their academic and disciplinary history. Otherwise, there wouldn’t be due process.” And because the nine-week period for expulsion begins at the time of the infraction rather than the expulsion, “If a school administrator lags in submitting the required paperwork, a student may end up spending two weeks at home and seven weeks in the behavior program.” » article

Attack Highlights “Chronic Problem”
Sara Neufeld and James Drew, Baltimore Sun, April 13, 2008

When a Baltimore student  was caught beating her teacher on video, the reality of school violence in the district became impossible to ignore: “This academic year, school police have made about 50 arrests for staff assaults, and the system has expelled students 112 times for assaulting staff members.”  Where is this coming from?  One possible explanation is the limited amount of space available for disruptive students “who are suspended for an act of violence [and] are often sent back to the same school.”  There is also a culture of fear, in which incidents of violence go unreported so that the school can avoid the label “persistently dangerous” under No Child Left Behind standards.   Former Baltimore Public School teacher, Julia Gumminger, writes in an opinion piece for the Baltimore Sun: “A small percentage of our schools' children are persistently disruptive and violent. These few children are being given permission to run amok, and then the larger percentage of the school's population follows suit and joins in the melee.”  Because of this, teachers are “being diagnosed with post-traumatic stress disorder [and]…turning to alcohol, all because of the shell-shocked sense of hopelessness and helplessness being experienced in a chaotic environment that has been described by many as a ‘war zone.’" » article

Related: The High Cost of School Violence

Lawsuit Filed Over Suspension for “Shocking” Camera
Newsday (NY), April 10, 2008

A student in New Haven, Connecticut has filed a lawsuit against the school district, challenging his 10-day suspension for manipulating a camera and “zapping people with an electrical charge.”  Though this highly dangerous mechanism justifiably warrants a mere 10 days out of school, one of the unintended consequences of limitless student rights is the ability for students to dispute even the most reasonable of disciplinary responses. 

For Little Children, Grown-Up Labels as Sexual Harassers
Brigid Schulte, Washington Post, April 3, 2008

When 6-year-old Randy Castro was caught spanking his fellow classmate, his school notified the police and wrote him up for "’Sexual Touching Against Student, Offensive,’ which will remain on his student record permanently.”   Such cases are proving to be quite common. In Virginia, 255 elementary students were suspended last year for offensive sexual touching. In Maryland, “166 elementary school children were suspended last year for sexual harassment, including three preschoolers, 16 kindergartners and 22 first-graders…” These irrational reactions are, in part, due to confusion about district regulations and, in part, to a fear of legal retaliation from parents, although the “victim’s” mother seems to think that the entire incident was blown out of proportion.  Mary Kay Sommers, president of the National Association of Elementary School Principals, said, "We need to make sure that we follow the letter of the law, so being reasonable sometimes gets lost.” » article

Related: It's Come to This

Voices: Excessive Force in Our Schools
Diana Silva, New York Metro, April 3, 2008

A parent whose child was arrested for scribbling on a desk is asking for a wake-up call when it comes to school discipline. The school felt that punishment for such an offense was no longer within their power, so “Procedure prevailed over common sense.” Rather than go directly to the police, the parent proposes, “We need a major overhaul of school discipline practices. Our elected leaders must act to stop the criminalizing of city classrooms. The roles of educators and police in dealing with disciplinary incidents must be clearly defined. Educators should have authority over school discipline.”

Assaults Among DPS Kids Decline
Karen Bouffard, Detroit News, March 26, 2008

Detroit parents are taking an active role in responsibility for school discipline, and the results are quite impressive: “attacks on other students declined from 1,186 during the first half of the 2005-06 school year, to 864 during first semester this year.”  In a “new era of community policing,” parents “patrol hallways and major walking routes to schools wearing bright yellow jackets,” and while they “are not allowed to get directly involved in altercations…just their presence can be enough to deter trouble.”  This shows that when parents work hand in hand with the police department to provide resources to students, parents, and the community, the school climate can be dramatically improved. » article

Lima Suspension: Zero Tolerance, Zero Sense
LimaOhio.com, March 9, 2008

After bringing a knife to carve an apple at school, a 17-year old from Lima, Ohio was suspended.  Though it “shouldn’t be too much to ask the district to enforce such rules with common sense,” zero tolerance has once again taken its toll.  Apparently, “the girl threatened no one, but, per the district’s policy, Principal Doug Kent suspended her. The problem with zero tolerance is that “every rule violation is different. Just as a judge has latitude in punishing criminals, school officials ought to look at the factors in each case individually rather than imposing blanket sentences for every infraction. Schools now are teaching students they have only one response to every problem, large or small.” It is clear that in this particular case, “taking the knife and delivering a stern lecture to the girl and her parents would have been enough.”

Parents of Suspended Student File Lawsuits Against District 70
Gayle Perez, Pueblo Chieftan (CO), March 7, 2008

Zach Fillmore, a junior at a Colorado high school, was expelled for violently assaulting another student. His parents have since filed a lawsuit claiming that the school district is “obstructing their son's right to an education.” The Fillmores hope “to have the 365-day expulsion set aside and Zach Fillmore be allowed immediately to return to [school]” and “also are seeking to recoup attorney fees and other court costs related to the case.” How about the compensation for Zach’s victim, who “suffered a broken jaw and had several teeth knocked out”?  It seems that if the student was “charged…with third-degree assault,” he should also be punished at school. Instead of contesting Zach’s behavior, however, the Fillmores are much more interested in complaining about the expulsion procedures, claiming that Zach’s “rights under state law have been breached and not protected by the school board.” According to the suit, Zach “suffered and will continue to suffer irreparable harm unless he is returned immediately to school,” an action that would undoubtedly bring a great deal of harm to his victim and the rest of the student body that will see this behavior go unpunished.

Kissing at School a Crime?
Jeff Kass, Rocky Mountain News, March 6, 2008

Though “public officials called it ‘nutty’ and ‘foolishness’” and are asking “whether SWAT teams would now descend on teenagers kissing at school,” the Denver district attorney calls [kissing] a crime. Apparently, “[T]he difference between a kiss, and a crime, centers on the requirement that Denver Public Schools employees ‘make a report if child abuse or neglect reasonably is suspected.’” The commonality of threatening legal responses to such minor behavior is causing “a climate of fear among DPS employees, [which] is spurring an unwarranted increase in abuse and neglect referrals.” Councilman Doug Linkhart, who chairs the Safety Committee, said, “It's just getting to the point of ridiculousness where we're prosecuting kids for kissing.” Some believe that the reason the DA “served Skinner Middle School principal Nicole Veltze with a misdemeanor summons for failure to report an unlawful sexual contact,” is because the “police and the district attorney are making an example out of Veltze because they believe DPS is underreporting crimes.” The truth? “In February, Human Services said it received 251 referrals from DPS. Previously, the monthly average was 142, Samuels said. That's a 76.7 percent increase.” » article

ACLU Challenges Unlawful Strip Search Over Ibuprofen Allegation In School
ACLU, March 3, 2008

A San Francisco middle school student was “strip searched by school officials” after another student accused her of possessing ibuprofen. Like many school-based issues, strip searching has mistakenly come under the jurisdiction of the courts who “ruled the search constitutional on September 21, 2007,” a decision that “will now be reviewed by the full Ninth Circuit.” Any sensible school official would have stopped searching when nothing was found in the student’s possessions, but the school “maintains a zero-tolerance policy toward all prescription medicines, including prescription-strength ibuprofen.” It’s no surprise, then, that a situation demanding legally-driven nonsensical responses “failed to uncover” the item being searched. Daniel Pochoda, Legal Director of the ACLU of Arizona said, “This type of overreaction on the part of these school officials is simply indefensible…It’s a clear example of how the so-called war on drugs trumps common sense in our schools.” » article

Lawyer Challenges School Expulsion
Amanda Falcone, Record-Journal (CT), February 24, 2008

Attorney Ramiro Alcazar is hoping to block the expulsion of a student arrested for marijuana possession on the way to school, claiming that “expulsion hearings for students arrested in connection with off-campus incidents violate their right to due process.” Though such hearings were invented to protect the rights of students, apparently “students who try to defend themselves during expulsion hearings are at risk of self-incrimination.” Perhaps “student rights” are so drowned in law that they no longer make sense. Because “the definition of due process varies depending on the proceeding,” it seems as though school leaders—who know their students best—should have the authority to make these decisions without court involvement. However, Mr. Alcazar claims that “the district has too much information.” This notion seems slightly backwards, and as Board of Education President Mark Hughes said, “We can't hand [common sense decisions about self-incrimination issues] over to the police department or the courts.” » article

Student’s Father Files Lawsuit Over Suspension
Nancy Mitchell, Newsday (NY), February 14, 2008

A father is filing suit in the New York Supreme Court against the Three Village school district, claiming that his son’s suspension “after using abusive language toward a teacher…and allegedly threatening him” is “arbitrary and capricious.”  Though the father claims that there was no “informal conference with the principal,” and that the “initial suspension in October was issued improperly,” Three Village Superintendent Frank Carasiti stated that these rules were, in fact, followed. One would hope that after “four disciplinary incidents in his sophomore and junior years, at least two of which resulted in suspension,” the student’s parents would understand the need for appropriate discipline. However, the father claimed that “the incidents were not significant and that his son earned high grades in school and does volunteer work.” But these virtues can’t undo the damage done to the demoralized teacher and the students witnessing the outburst. » article

Common Sense: There’s a Difference Between Breaking the Law and Making a Mistake
Editorial, Beaver County Times & Allegheny Times (PA), February 6, 2008

A Pennsylvania student who accidentally left a broken pellet gun in his truck may be subject to expulsion under a zero-tolerance law. Unfortunately, many schools no longer have the authority to handle these issues on their own because “reasonable action[s] [are] no longer within the purview of local officials.” Though superintendents “[have] the power to recommend a discipline other than expulsion,” the inability for the school to make its own disciplinary decision over a clear accident is proof that “American society has gotten to the point that kids can’t make a mistake without having the hammer dropped on them. There’s a difference between breaking the law and making a mistake.” » article

5 Year Old Boy Handcuffed in School
Carrie Melago, New York Daily News, January 25, 2008

Why is disciplining students turning into a matter of law enforcement? WCBS reported that police officers handcuffed a 10-year-old New York City special needs student on her school bus, apparently because the “girl wouldn’t sit down.” Just last week, the New York Daily News reported that a five-year-old Dennis Rivera was “cuffed and sent to a psych ward” after he threw a “tantrum” in class. New York City Schools Chancellor Joel Klein called the recent Dennis Rivera incident “troubling” and added: "When you are dealing with youngsters, when you are dealing with people having trouble, this requires human judgment, not some kind of simple protocol.” Common Good couldn’t agree more and is advocating for a less legalistic and more human-based approach when it comes to school discipline in order to avoid such incidents. » article

Keeping Order in the Classrom
Editorial, Intelligencer (Wheeling, WV), January 19, 2008

Because the “control teachers and administrators have over students has lessened dramatically during the past few decades,” there is “an adverse effect on both educators and the vast majority of students, who are in school to learn.” The American Federal of Teachers West Virginia Chapter and the state school service personnel union reported that “58 percent of the 2,000 teachers, bus drivers and other personnel surveyed believe that student misbehavior is a ‘significant problem.’” Perhaps even more disturbing is the fact that, “More than one-third of teachers surveyed said that they lose 20 percent of instructional time each week because of disruptive behavior by students.” It is also important to point out that, “Most teachers and school principals are perfectly capable of handling minor disciplinary problems — providing that they have the authority to do so.” Unfortunately, because educators are constantly worried “that even a minor misstep — not necessarily physical, but, perhaps, verbal, will result in them being sued,” control is clearly out of their hands.  “Teachers and students who are in school to learn should not have to be afraid of a few troublemakers — and that is precisely the situation in some classrooms today.”  » article

Disruptive Students Cheat Others of One Day a Week
Mannix Porterfield, Register Herald (Beckley, WV), January 16, 2008

Due to a lack of control over discipline, “rowdy students who disrupt classrooms are robbing mannerly West Virginia students of an average of one day a week of learning time, and the problem of student discipline is worsening.”  Many administrators are not handling discipline problems as they should because they are “afraid [of receiving] a bad mark in the No Child Left Behind program.” AFT President Judy Hale said that “36 percent [of teachers] feel as much as 20 percent of teaching time is forfeited a day by having to cope with miscreants in the classroom.” Hale explains, “Under No Child, when you have a critical number of expulsions or there are disciplinary actions, then your school becomes defined as a persistently dangerous school.” Bob Brown, executive secretary of the West Virginia School Service Personnel Association, more clearly explained the role authority that is now missing from educators: “we simply don’t have any place or any method to deal with those disruptive students.” The bottom line, well spoken by House Majority Leader Joe DeLong, is that “it all begins with the environment. “If we do not have the appropriate environment for learning, none of those things happen.” » article

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