Articles in the School Law category

NSBA speaks out on school safety

Francisco M. Negrón Jr., General Counsel of the National School Boards Association, was featured on NPR’s “All Things Considered” as schools re-examine safety and security following the Newtown, Conn. school shooting. Negrón noted that “schools are going to try to understand whether or not they need to change their policies accordingly.”

Negrón is also scheduled to be on C-SPAN’s “Washington Journal” on Wednesday morning, Dec. 19 from 8:45-9:15 am EST discussing school safety. You can watch it live online or on C-SPAN and C-SPAN Radio. It will also recorded and will be available in the C-SPAN archive. If you watch the “Washington Journal” live, we encourage you to call-in, tweet, or email Negrón a question.

Call-In Numbers:
Democrats:  202-585-3880
Republicans: 202-585-3881
Independents: 202-585-3882
Outside U.S.:  202-585-3883

Email: journal@c-span.org

Twitter: http://twitter.com/cspanwj

Alexis Rice|December 18th, 2012|Categories: School Law, School Security, Teachers|Tags: , , , , , , , , |

School security articles available at American School Board Journal

In her 2006 article, “A Measured Approach,” which was written after several school shootings by individuals with no connection to the schools, American School Board Journal editor Naomi Dillon wrote: “From fostering a positive and inviting school climate, to teaching and modeling good behavior, to encouraging students and staff to be the eyes and ears of the building, schools can do a lot to make themselves unsuitable targets for unstable individuals.”

The horrific events in Newtown, Conn., have most of us looking for answers again. As school leaders, you are searching anew for information on security – disaster planning, safeguards, and the kind of prevention described in Dillon’s article. ASBJ can help provide that information for you: The magazine has published many articles on school safety for school leaders over the years. Usually only open to subscribers or available for purchase, the articles will be open to the public at our topical archive, Safe From Harm.

At the top of the list of articles is a look back at the Columbine shootings – interviews with the principal, counselor, superintendent, communications official, and others who experienced the events on that day in 1999.

Other articles include: “Communicating During a Crisis,” by school safety expert Ken Trump, who gives tips on how make sure your schools have well-developed and exercised safety and crisis plans and your staff is trained to implement them.

In “Safe From Harm,” ASBJ law columnist Ed Darden notes that a get-tough stance is tempting, but compassion and conversations are just as important.

Dillon writes of the importance of disaster planning in “Do You Have a Disaster Plan?”

Many other articles are available for reading and for download.  Please give us your feedback on what other kinds of security articles you’d find most useful.

 

 

Kathleen Vail|December 17th, 2012|Categories: American School Board Journal, Crisis Management, School Buildings, School Climate, School Law, School Security|Tags: , , , , , |

NSBA President writes about Louisiana voucher ruling

C. Ed Massey, president of the National School Boards Association, has written “Lessons Gleaned from the Louisiana School Voucher Ruling” for the Transforming Learning blog. The blog is a project of the Learning First Alliance, a partnership of 16 national level education organizations, and hosted by Education Week.

Massey wrote, “While this particular battle is far from over — Gov. Bobby Jindal and State Superintendent John White have vowed to appeal — this decision is a major victory for all school boards and public education advocates across the United States. (NSBA) supported our state affiliate, the Louisiana School Boards Association, because we saw the case as a direct threat to public education. The pro-school choice advocates were flooded with outside money and have put forth a sophisticated public relations operation.”

Massey is also a member of the Boone County (Ky.) Schools Board of Education. Read more at Transforming Learning.

Joetta Sack-Min|December 11th, 2012|Categories: Board governance, Educational Finance, Educational Legislation, Governance, Policy Formation, Privatization, Religion, School Law, School Vouchers|Tags: , , , , |

School security issues at the forefront of December ASBJ

Vandalism — destroying school property — remains a constant problem for many if not all school districts. Senior Editor Del Stover, in American School Board Journal’s December cover story, online now, looks at ways that districts combat the issue. Cameras, lighting, and extra personnel are all options. However, some districts are looking at how caring  relationships among adults and students can be the ultimate deterrent.

Also in the new issue: After a national report revealed that black and hispanic students are suspended at a higher rate than white students, many schools are backing off from rigid zero-tolerance policies. Senior Editor Lawrence Hardy chronicles how districts are working to decriminalize student discipline.

When you visit ASBJ online, take the Adviser Facebook poll on whether school security cameras work and check out our webinar offerings.

Kathleen Vail|December 4th, 2012|Categories: American School Board Journal, School Buildings, School Climate, School Law, School Security|

Judge: Louisiana school voucher law is unconstitutional

A Louisiana judge ruled Friday that the state’s voucher program is unconstitutional because it diverts taxpayer money to pay tuition at private and parochial schools for some students.

The lawsuit, which was brought by the Louisiana School Boards Association (LSBA), the state’s main teachers unions, and 43 public school boards, was supported by the National School Boards Association (NSBA). Gov. Bobby Jindal and state superintendent John White have announced that they will appeal the verdict, it is unclear whether the students who accepted the vouchers for this school year will stay in their current schools.

LSBA Legal Counsel Bob Hammonds argued the case on behalf of the school boards.

LSBA Executive Director Scott Richard issued a statement following the decision:

“On behalf of the Louisiana School Boards Association and 43 public school boards, we certainly respect the decision of the trial court; however, we know that this is only an initial step in a possibly prolonged legal process.

“School Boards had no desire to seek a legal remedy to the constitutional problems associated with the recent legislation in Act 2 and SCR 99/MFP, but had no choice due to the fact that these pieces of legislation were not properly vetted in the beginning of the legislative session; and, were unnecessarily fast-tracked for obvious reasons.

“LSBA remains committed to ensuring that all school boards perform their statutorily mandated directive to seek all funds available in order to provide quality educational services. We strongly believe that public tax dollars should not be diverted to private entities, especially given the current economic climate – and, this litigation begs the question as to the effectiveness of state-funding shell game called the Minimum Foundation Program.

“LSBA along with all school boards and our parent organization, NSBA, will continue to work to see this important litigation reach final resolution – for the children we are charged with serving.”

Joetta Sack-Min|November 30th, 2012|Categories: School Law, School Vouchers, State School Boards Associations|Tags: |

NSBA to Court: School officials must be given flexibility in handling student harassment

The National School Boards Association (NSBA) is urging the United States Court of Appeals for the Eleventh Circuit to rule that school districts should not be held financially liable for harassment related to a student’s disability if school officials took appropriate steps to stop it.

NSBA, along with the Georgia School Boards Association (GSBA), the Alabama School Boards Association, and the Georgia School Superintendents Association, has filed an amicus brief in Long v. Murray County School District asking the court to uphold the standard set forth in the U.S. Supreme Court case Davis v. Monroe when determining whether school officials are liable under federal civil rights laws for peer harassment. The Davis precedent allows victims to collect monetary compensation when school officials are deliberately indifferent to known harassment based on a protected category that is so severe, pervasive, and objectively offensive harassment that it denies the victim access to the educational program.

“It is important that the court recognize that local school officials, who work closely with students and parents on a regular basis, are knowledgeable about community resources, and understand their students’ educational and emotional needs, know best how to prevent and respond to harassment in their own schools,” said NSBA’s General Counsel Francisco M. Negrón Jr.

The parents’ legal arguments rely on informal guidance given by the U.S. Department of Education’s Office of Civil Rights (OCR) through a October 2010 “Dear Colleague” letter that stated school district officials could be held responsible for claims of unreported harassment. In a December 2010 response to that letter, NSBA warned that the guidance overstepped the Supreme Court standard set by Davis and that it vastly expanded the definition of discrimination and harassment, circumventing precedent established by the courts. In a March 2011 letter to NSBA, OCR officials dismissed concerns that the guidance would lead to numerous and costly lawsuits against school districts; however, this case has proven otherwise.

“The federal government wants a one-size fits-all approach, but such a rule would require school districts to implement strategy after strategy even when the misconduct was isolated or minimal,” said Negrón. “The federal government’s approach creates an illusion of safety that would subject thousands of school districts to costly and unnecessary lawsuits diverting vital resources away from the classroom.”

Among other claims, the case will determine whether the Murray County school district in Georgia should be held liable under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act for money damages as a result of the suicide of a student with Asperger’s Syndrome. After the student reported incidents of peer bullying during his freshman and sophomore years, school officials responded effectively to all known occurrences at school. The student committed suicide at home during his junior year.

A date for oral argument date in the case has not been set yet. Phil Hartley and Martha Pearson, members of NSBA’s Council of School Attorneys, and partners in Harben, Hartley & Hawkins, LLP, are representing the Murray County school district. Hartley also serves as General Counsel for the Georgia School Boards Association.

Joetta Sack-Min|November 30th, 2012|Categories: Bullying, Council of School Attorneys, Crisis Management, Discipline, Policy Formation, School Law, School Security|Tags: , , |

NSBA urges Arizona court to scrap “empowerment scholarships”

The National School Boards Association (NSBA) is encouraging the Arizona Court of Appeals to overturn an Arizona law that allows parents of students with disabilities to use taxpayer funds to pay for private schooling if they sign away their constitutional rights to a public education.

NSBA has filed an amicus brief in Niehaus v. Huppenthal, in which the Arizona School Boards Association and several other education organizations filed suit against the state’s “empowerment scholarship” as violating Arizona’s constitution.

The Arizona scheme allows parents of special education students to withdraw their students from public schools and receive up to 90 percent of the public funds to spend on private schooling. The law also includes students in public schools with a letter grade of D or F, children of active military members, wards of the juvenile court, and all previous scholarship recipients in the 2013-14 school year.

“This law requires parents to give up their constitutional rights to re-enroll their children in an Arizona public school for an entire school year, which violates a student’s fundamental right to an education under Arizona’s  constitution,” said NSBA’s General Counsel Francisco M. Negrón Jr.  “Unwitting parents hoping for the best education for their children may be lured into making a false choice that they cannot escape without incurring severe economic loss, because the law compels them to sign away their rights to a public education in exchange for the voucher money.”

Families would also lose the protections granted by the federal Individuals with Disabilities Education Act, which guarantees  all students with disabilities an individualized education program (IEP),  and a free, appropriate public education (FAPE), and the due process rights to ensure them in public schools. These guarantees would not be available to students opting for the “empowerment scholarships.”

“Arizona’s latest voucher scheme is bad public policy, and  is part of a nationwide effort by special interest groups to undermine public education by diverting scarce tax dollars to private hands, with little, if any, accountability,” Negrón said.

Joetta Sack-Min|November 6th, 2012|Categories: School Law, School Vouchers, Uncategorized|

NSBA’s 2013 Annual Conference to feature Geena Davis, Neil deGrasse Tyson, and Diane Ravitch

Registration and housing for the National School Boards Association’s (NSBA) 73rd Annual Conference, to be held April 13 to 15 in San Diego, is now open. Join more than 5,000 school board members and administrators for an event with hundreds of sessions, workshops, and exhibits that will help your school district programs and help you hone your leadership and management skills.

General Session speakers include Academy Award winning speaker Geena Davis, who will be speaking about her work off-screen as founder of the non-profit Geena Davis Institute on Gender in Media. Davis works with film and television creators to reduce gender stereotyping and increase the number of female characters in media targeted for children 11 and under. She will explain how media plays a key role in children’s development, and how her organization is making a difference.

Television star Neil deGrasse Tyson, one of the world’s most engaging and passionate science advocates, will headline Sunday’s General Session. From PBS to NASA to Presidential Commissions, organizations have depended on Tyson’s down-to-earth approach to astrophysics. He has been a frequent guest on “The Daily Show”, “The Colbert Report”, R”eal Time with Bill Maher”, and “Jeopardy!”. Tyson hopes to reach “all the people who never knew how much they’d love learning about space and science.”

Monday’s General Session features acclaimed researcher and author Diane Ravitch, who has become one of the most passionate voices for public schools. Her most recent book, The Death and Life of the Great American School System: How Testing and Choice Are Undermining Education, makes the case that public education today is in peril and offers a clear prescription for improving public schools.

Learn more about the common core standards, new research on differentiated learning styles, and teaching “unteachable” children at the Focus On lecture series. Learn about new technologies for your classrooms as part of the Technology + Learning programs.

Special discounted rates are available for early registrants who sign up by Jan. 10, 2013. NSBA National Affiliate and Technology Leadership Network Districts save even more.

View the conference brochure for more details. Be sure to check the Annual Conference website for updates and more information.

 

 

Joetta Sack-Min|October 17th, 2012|Categories: 21st Century Skills, Announcements, Arts Education, Assessment, Athletics, Board governance, Budgeting, Bullying, Charter Schools, Comparative Education, Computer Uses in Education, Conferences and Events, Council of School Attorneys, Crisis Management, CUBE, Curriculum, Data Driven Decision Making, Discipline, Diversity, Dropout Prevention, Educational Finance, Educational Research, Educational Technology, Elementary and Secondary Education Act, Federal Programs, Governance, High Schools, National Standards, NSBA Annual Conference 2013, Online learning, Policy Formation, Preschool Education, Public Advocacy, School Board News, School Boards, School Buildings, School Climate, School Law, School Reform, STEM Education, Student Achievement, Student Engagement, Teachers, Technology Leadership Network|Tags: , , , , |

Oral arguments begin in key school diversity case

Abigail Fisher says she was denied acceptance to the University of Texas because she is white, a decision she says violates her Constitutional rights. University officials maintain that race was just one of many criteria used — in a manner consistent with the Constitution and court precedent — to ensure that UT’s freshman class would be the best it could be.

Yesterday, the U.S. Supreme Court heard oral arguments in Fisher v. University of Texas, a critical case not just for colleges and universities, but also for school districts seeking diverse student participation in school assignments and programs.

NSBA, the College Board, and 11 other national education groups have filed an amicus brief strongly supporting the university’s use of race as one of multiple factors in admissions decisions.

The standard the University of Texas and school districts have used was established in 2003, when the Supreme Court ruled 5-4 in Grutter v. Bollinger that the University of Michigan’s use of race in admissions was constitutional as long as it was part of a “holistic” assessment of candidates that included other factors. It was that decision that has guided the University of Texas and many other educational institutions as they try to diversity their academic programs and prepare a workforce for the 21st century.

Since that ruling, Justice Sandra Day O’Connor, who provided a key “swing” vote for the majority, has retired and been replaced Samuel A. Alito Jr.

 


Lawrence Hardy|October 11th, 2012|Categories: Diversity, School Boards, School Law|Tags: , , |

School safety, discipline are top issues at national school law conference

The Council of School Attorneys’ (COSA) School Law Practice Seminar, held Oct. 11 to 13 in Santa Fe, N.M., will examine issues related to bullying and harassment, discipline, special education, and employee relations. The annual conference hosts school attorneys from across the country, who may earn education (CLE) credits. COSA is part of the National School Boards Association  (NSBA).

COSA Director Sonja Trainor said, “More than 30 experienced school law faculty will lead attendees through complex and challenging areas of their daily school law practice.”

The conference is focusing several sessions on school safety, from extreme threats to verbal harassment and bullying. Trainor will lead a session showing schools how to reduce the risks of violence, explaining how to decifer threat assessments, manage law enforcement in schools, communication and liability concerns.

Such topics also call into question students’ First Amendment rights to free speech. This year’s opening general session will include a panel of national speakers addressing “Can Schools Be Both Safe and Free?  New National Guidelines on Harassment, Bullying and Freedom of Expression.”   In May 2012 NSBA, as part of a coalition of 17 education, religious, and civil liberties groups, released “Harassment, Bullying and Free Expression: Guidelines for Free and Safe Public Schools” aimed at helping public schools uphold the First Amendment while combating harassment and bullying.

The COSA program also includes sessions on school safety, student discipline, immigration, employment issues, attorney/board member relationships, internet filtering in schools, intellectual property and confidentiality issues, and technology in the classroom.

The Twitter hashtag for the conference is: #COSASantaFe.

Joetta Sack-Min|October 10th, 2012|Categories: Council of School Attorneys, Discipline, Diversity, School Law|Tags: , , |
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