Court of Appeal Upholds District Classification of Coach as Temp Employee [California Court of Appeal, 2nd District, 1/27/11]: A certificated teacher was hired as a baseball coach at Mira Costa High School. When relieved of his teaching job, he retained his baseball coach status. A few years later he was relieved of his coach status. He claims that he should be considered a “probationary employee” with more employments rights. The District considers him a “temporary employee,” a “walk-on” coach hired on a “year-to-year” basis. The trial court, and now the Second District Court of Appeal, agrees with the District. Read the decision in Neily v. Manhatten Beach USD.

Kerchner: Imagine teachers as free agents before adopting pay for performance [Thoughts on Public Education, 1/27/11]: U.S. Education Secretary Arne Duncan and a raft of supporters in the foundation world fervently want to replace the tried-and-true teacher salary schedule with pay-for-performance schemes. They should be careful what they wish for.

Sweetwater subs told about higher paying job if they cross picket lines [San Diego Union-Tribune, 1/26/11]: In a move angering educators in both school systems, the Sweetwater Union High School District is letting its substitutes know they can collect significantly more money in National City should a strike occur there.

Fensterwald: Obama’s state of dissension [Thoughts on Public Education, 1/26/11]: One of President Obama’s sustained, bipartisan applause lines in the State of the Union address was his call for giving teachers the level of respect they get in South Korea. Applause faded when he then said, “We want to reward good teachers and stop making excuses for bad ones.

New penalties proposed for banned school fees [California Watch, 1/26/11]: School districts that violate the state's guarantee to a free education by illegally charging fees for classroom and extracurricular activities would have a portion of their annual budget withheld under newly proposed legislation.

New groups poised to change state education landscape [California Watch, 1/25/11]: As schools in California brace for another difficult year, new forces have emerged that are poised to reshape the education landscape in California.

Fensterwald: Seeing silver lining in Robles-Wong [Educated Guess, 1/24/11]: A Superior Court ruling narrowing the scope of two suits challenging the state’s system of funding education is distressing to those favoring more money for California schools. But while disappointed, lawyers for the cases say they’re not despondent – or ready to give in.

Teacher training schools to be ranked for first time [California Watch, 1/24/11]: Just as more teachers are facing performance rankings of their work, dozens of teacher training schools in California will be judged for the first time in a nationwide survey set for publication in U.S. News and World Report.

Education fixes now will pay off in 2025, experts say [California Watch, 1/24/11]: Policies that strengthen data tracking and improve pre-kindergarten programs are needed now to ensure the state's children are successful in the 21st century, according to a study released last week by the Public Policy Institute of California.

Student settles with Fla. district over Facebook posts [Student Press Law Center, 1/20/11]: A former Pembroke Pines (Florida) Charter High School student suspended for critical Facebook postings about her teacher has settled with the school after a three-year legal battle. Katherine “Katie” Evans signed the settlement in November, in which the school agrees to remove any record of her suspension or the initial incident and pay $15,000 in attorney fees and $1 in nominal damages. The school signed the settlement in December. You can read the complaint filed December 8, 2008, by going to:
Reference Tidbits
Jessica Alexander, J.D., M.L.S. Reference Librarian

Finding Federal Legislative History Reports.

Many reports can be found in full-text in our Congressional Universe database. Access the database from Stanley, or from a public portal in the library. Click the "search by number" option and enter the congressional year number and report number in the pull down box. If the item is not available in full-text see the reference librarian. The item can be obtained from our microfiche collection.
Judge OKs settlement that limits use of seniority in L.A. teacher layoffs [Los Angeles Times, 1/22/11]: Lawyers representing students' interests hail the ruling; the teachers union says it probably will appeal. See Fensterwald: Judge resolves L.A. layoff suit [Thoughts on Public Education, 1/22/11].

The Emergency in our Schools: Questions for Tom Torlakson [San Diego Union-Tribune, 1/22/11]: In November, former state legislator and science teacher Tom Torlakson became the new state superintendent of public instruction. It is the chief education job in California and it promises to be a hard one as schools grapple with another threatened round of budget cuts.

Gov. Brown calls education funding a civil rights issue [Sacramento Bee, 1/21/11]: Gov. Jerry Brown on Thursday called education funding a civil rights issue, defending his plan to eliminate redevelopment agencies as necessary to reduce California's yawning budget deficit and to push more tax revenue to schools and public safety. On the other hand, read Meira Levinson’s post, “Why Education is Not ‘The Civil Rights Issue of Our Time’” [Education Week, 1/21/11].

Rethinking Evaluations When Almost Every Teacher Gets an ‘A’ [New York Times, 1/21/11]: Grade inflation — a term normally associated with students — is widespread among Bay Area teachers, who receive so many favorable evaluations that it is impossible to tell how well they are performing, some educators say.

Should teacher misconduct cases have a 100-day limit? [New York Times, 1/21/11]: Educators accused of wrongdoing should have their disputes investigated and resolved within a 100-day window, according to a proposal developed by Kenneth R. Feinberg, an arbitrator hired at the request of the American Federation of Teachers. The plan is aimed at improving a system that has been costly and embarrassing for schools and districts, and it could be used as a template nationwide. "I think it's thoughtful and a common-sense approach," AFT President Randi Weingarten said. "I think it's fairer and I think it's faster." You can read Feinberg’s plan

Lawsuit by La Habra teachers goes before judge [Orange County Register, 1/19/11]: A judge will decide the legality of salary freezes imposed on teachers by the La Habra City School District along with automatic deductions from teachers' paychecks to help offset a price increase in their health insurance plans.

Compton Parents: Teachers retaliating [Long Beach Press-Telegram, 1/19/11]: Two parent activists have filed complaints with the U.S. Department of Education's Civil Rights Office alleging they and their children have been victims of retaliation because they support a campaign to turn over a local school to a charter operator.

Justices Decline to Hear Challenge to Curriculum Guide [School Law Blog, 1/18/11]: The U.S. Supreme Court on Tuesday declined to take up a legal challenge to how Massachusetts handled a curriculum guide on genocide and human rights. A federal appeals court ruled last year that a decision by the state education commissioner to alter the advisory curriculum guide in response to political pressure did not violate the First Amendment. The Court of Appeals decision is Griswold v. Driscoll.

Lodi Unified considering its legal options [Lodi Record, 1/18/11]: An in-house attorney could save the Lodi Unified School District significant money, newly elected Board of Trustees President George Neely said, prompting the district to explore opening a legal office.
With voters in charge, high anxiety about teacher layoffs [California Watch, 1/18/11]: School districts are grappling with an excruciating dilemma: whether to plan for the coming school year based on the assumption that taxpayers will approve tax increases in a special election in June, or on an equally uncertain assumption that they will reject it.

In Florida, Virtual Classrooms With No Teachers [New York Times, 1/18/11]: There are over 7,000 students in Miami-Dade County Public Schools enrolled in a program in which core subjects are taken using computers in a classroom with no teacher. A “facilitator” is in the room to make sure students progress. That person also deals with any technical problems. These virtual classrooms, called e-learning labs, were put in place last August as a result of Florida’s Class Size Reduction Amendment, passed in 2002. The amendment limits the number of students allowed in classrooms, but not in virtual labs.

Young: While they’re still in training, intern teachers are not yet highly qualified [Thoughts on Public Education, 1/18/11]: The recent posting “Alternate Route, Same Destination” by Catherine Kearney presents one perspective on the recent congressional action to reestablish California’s teachers who are still in training through an alternative program of preparation as “highly qualified.”

How will Calif. schools implement "parent trigger" law? [Los Angeles Times, 1/17/11]:] California’s "parent trigger" law, which allows parents to force changes at failing schools. New members of the state's school board say they need more time to consider proposed regulations, which were set to be approved last week. Key concerns include whether parents outside a school could trigger a transformation and whether parents should be able to choose a charter operator without first gathering community input. Parents at a Compton school already have moved to turn over management to a charter

Moment of silence may be back in Illinois; State superintendent tells schools to prepare for observance [Chicago Tribune, 1/14/11]: Many school principals and superintendents were caught off guard this week when the state's top educator cautioned that they soon might need to observe a dormant state law requiring a moment of "silent prayer or silent reflection" to start the school day. In his weekly message, Illinois schools Superintendent Christopher Koch alerted school districts that the federal injunction that banned the moment of silence could be lifted in the next few days.
Court Backs District in Disclosure of Teacher's Medical Condition [School Law Blog, 1/12/11]: The New York City school district did not violate the privacy rights of a teacher when it publicly disclosed her medical condition, a federal appeals court has ruled. Read the decision in Matson v. Board of Education of the City School district of New York.

Fensterwald: California Now 43rd in per-student spending [Thoughts on Public Education / California Watch, 1/12/11]: Praised for its high academic standards and accountability measures, dinged for its low scores on the national standardized tests, low high school graduation rates, and disadvantages of high rates of poverty and non-English speaking households, California fell squarely in a crowded, mediocre middle – 30th among the states, in this year’s annual ratings by Education Week’s Quality Counts.

Ariz. high court: Student's curses didn't 'abuse' teacher [Associated Press / First Amendment Center, 1/11/11]: The Arizona Supreme Court says that a school child must use "fighting words," not merely curse, to be found guilty of abusing a teacher. Read the decision in In re Nickolas S.
“The limited issue before us is therefore whether this case involves fighting words as defined by the United States Supreme Court. Although Nickolas insulted a teacher with derogatory and offensive words (and was suspended from school for doing so), we must vacate his juvenile adjudications because his words were not inherently likely to provoke a violent reaction by the teacher.”
The School Law Blog has posted on this decision as well.

State judge rules NYC can release teacher ratings [Associated Press / First Amendment Center, 1/11/11]: A judge ruled yesterday that New York City can release performance ratings for 12,000 teachers based on a statistical analysis of student test scores. The union, which plans to appeal, had argued that releasing data would be an invasion of privacy and would unfairly subject educators to public ridicule.

High Court to Weigh Speech Rights of Public Officials [School Law Blog, 1/10/11]: In a case with implications for school board members nationwide, the U.S. Supreme Court has agreed to decide whether First Amendment free speech concerns are raised when states require local elected officials to recuse themselves from voting on certain issues for ethics reasons. Read the Nevada Supreme Court ruling in Carrigan v. Commission on Ethics for the State of Nevada. Read the opinion of Charlie Haynes (of the First Amendment Center) (“Garcetti would be unwelcome element in Nevada case”) take on this issue.
The California state education bureaucracy is in a state of flux with the arrival of the new governor.

Brown moves to redefine education bureaucracy [Sacramento Bee, 1/8/11]: In his first week in office, Gov. Jerry Brown's approach to education has emerged as one reminiscent of an earlier era – when the governor didn't have an education secretary and the State Board of Education was the chief executive's primary vehicle for setting school policy. See Festerwald’s blog posting on this (1/8/11). 
Many see influence of teachers union in Gov. Jerry Brown's shakeup of California Board of Education [Los Angeles Times, 1/8/11]: In one of Gov. Jerry Brown's first official acts this week, he sacked the majority of the state Board of Education, replacing several vocal proponents of charter schools, parent empowerment and teacher accountability.
State school chief declares emergency in education [Los Angeles Times, 1/7/11]: California's new Superintendent of Public Instruction Tom Torlakson can't call in the National Guard, but he can declare a state of emergency for the state's schools. The message was not new but Torlakson said Californians need to understand just how bad things are: 30,000 teachers laid off statewide, as well as 10,000 support staff; 174 school districts in jeopardy of default; 16 of the state’s 30 largest school systems compelled to shorten the school year.

Illegal school fees continue despite settlement, whistleblower says [California Watch, 1/7/11]: Schwarzenegger administration of allowing school districts to charge students illegal fees for classes and extracurricular activities. The agreement with the state was touted as a victory for parents and the poor.
Schools will be put to test [San Bernardino Sun, 12/29/10]: Gov.-elect Brown's recent prediction that the state's deep fiscal problems will most likely mean more cuts for California schools has local educators preparing for the worst in the coming year. Classroom overcrowding, teacher layoffs and other reductions that impact area students could remain a reality into 2011 and beyond.
For California schools, next year stands to be worse [Sacramento Bee, 12/21/10]
La Habra vs. Capo teacher strike: Why divergent outcomes? [Orange County Register, 12/25/10]: Capistrano Unified School District teachers ended three days of striking last spring with a mutual agreement – teachers would take an imposed 10.1 percent pay cut, in exchange for a pay restoration clause in their contract. But when La Habra City School District teachers ended a five-day strike last week, they returned to their classrooms without any such settlement.

Some interesting out-of-state education issues have arisen lately:

N.H. case: Can a divorced parent veto home schooling? [Christian Science Monitor, 1/7/11]: The New Hampshire Supreme Court heard arguments Thursday in the case of a father who objected to his ex-wife's choice of home schooling for their child; The case deals partly with religious views.
Court Backs School Employees in Principal's Defamation Suit [School Law Blog, 1/6/11]: Three Maine school district employees who were sued for defamation after they criticized a principal's actions should have been allowed to raise a defense under a state law limiting strategic litigation against public participation, or SLAPP suits, a federal appeals court has ruled.Read the decision in Godin v. Schencks.
Battle Over Education Funding on Docket in New Jersey [Wall Street Journal, 1/5/11]: One of the most controversial cases in the New Jersey Supreme Court's history will be back before justices Wednesday, as an advocate for urban-school funding challenges Gov. Chris Christie's education budget cuts.

The tension that often arises between the First Amendment and public schools is alive and well. These are interesting, even though many of these are from outside of California.

Lawsuit over short-hair rule may be a long shot [Indianapolis Star, 1/3/11]: The parents of a former Greensburg Junior High basketball player are asking a federal court to declare the team's haircut policy unconstitutional.
Court to Rehear Case on Elementary Students' Speech Rights [School Law Blog, 1/3/11]: A full federal appeals court has agreed to hear fresh arguments in a case weighing whether elementary school students have First Amendment rights to distribute items with religious messages to their classmates. The full U.S. Court of Appeals for the 5th Circuit, in New Orleans, announced on Dec. 17 that it would rehear Morgan v. Swanson, a case involving the scope of free speech rights of elementary school students.
The "I (Heart) Boobies!" Bracelets Controversy Goes to Court: Why the Students Are Right and the Schools Are Wrong. [Writ, 12/28/10]: Julie Hilden comments on a controversy that has recently divided students, parents, and administrators in public schools in a number of states -- and that, in at least one state, has led to an ACLU lawsuit: Students are wearing bracelets, purchased from a public-interest foundation, that bear the message "I (Heart) Boobies!" The foundation is selling the bracelets to convey the point that although many people believe that breast cancer is a disease afflicting only women over 40, it is also the largest cause of cancer deaths in women under 40-- and can even affect young girls. Wearing the bracelets has become a popular trend among teens, but some school administrators have banned them, on the grounds that they are vulgar, lewd, and/or disruptive. Hilden argues that such bans should be held to violate the First Amendment -- but she also notes that some prior Supreme Court precedent may support the schools' decisions.
Students Star in Challenge to Ban on Breast Cancer Wristbands [The Legal Intelligencer, 12/20/10]: In a day-long injunction hearing before U.S. District Judge Mary A. McLaughlin, lawyers for two Easton, Pa., middle school students set out to challenge a school ban on the wearing of rubber bracelets to promote breast cancer awareness that are emblazoned with the phrase "I [heart] boobies."
Can a High-School Cheerleader Be Required to Cheer For a Player She Says Assaulted Her? The U.S. Court of Appeals for the Fifth Circuit Says Yes. [Writ, 12/20/10]: Julie Hilden comments on a decision issued by a three-judge panel of the Fifth Circuit this Fall, rejecting a cheerleader's contention that she should have been allowed to stay silent rather than be required to cheer for a basketball player who she claims assaulted her. (She cheered for the team, but not for this player individually.) Hilden describes several Supreme Court cases regarding the right not to speak, and contends that the three-judge panel ought to have taken these precedents into account. Hilden also expresses doubt as to whether -- prior to fact discovery -- the panel correctly decided that the cheerleader's silence created "substantial interference with the work of the school," as it held that Supreme Court precedent required.

Congress has spoken and taken a controversial stance on which teachers are to be “highly qualified.”

Kearney: Alternate route, same destination: all highly qualified teachers [Thoughts on Public Education, 1/5/11]: Last month, Congress passed legislation defining “highly qualified” to include teachers pursuing their credential through an alternative certification program.
Fensterwald: Miller defends vote on interns [Thoughts on Public Education, 12/22/10]: Congress on Tuesday broadened the definition of a “highly qualified teacher” to include the 10,000 novice or intern teachers in California who are working toward their teaching credential. The clause was inserted into the Continuing Resolution to temporarily fund the federal government. It passed, as expected, last night.
Who should be considered a "highly qualified" teacher? [Washington Post blog, 1/22/10]: Teach for America educators and others still in training could be considered "highly qualified" teachers under legislation being considered by Congress. No Child Left Behind requires that every student be taught by a "highly qualified" teacher, but a recent U.S. Court of Appeals ruling determined that teachers still enrolled in teacher-preparation programs should not be considered "highly qualified." Education blogger Valerie Strauss writes that the issue affects some of the country's neediest children and should be fully debated.

Pretty Old Law Books

by Heather Kushnerick, Special Collections Librarian

Books are great, aren’t they? Ok, that may seem like a silly thing for a librarian to say, but have you ever really looked at a book, at how it is put together? Most people don’t pay much attention to books except to note if it is a soft-cover or a hard-back. Really, unless it’s falling apart you don’t notice its binding at all. The art of bookbinding isn’t seen by most people, and it is an art – one with a long history that began out of practical necessity.

The shape of the modern book can be traced to the Roman diptych. It was made of wooden ‘pages’ with the inner sides hollowed out and filled with wax, which would then be written on. The pages were hinged together with leather cord. One of the oldest books of this kind ever found was discovered at Pompeii, and dates from 55 AD. The codex – a multi-page vellum document written in ink and sewn together, soon followed. Vellum, however, curls over time so it was placed in between wooden boards to keep the pages flat. Later, it was noticed that the leather ties holding the pages together started to come apart so they covered the spine as well, connecting it more securely to the wooden boards covering the pages. The book as we recognize it today was made. The covers of books could then be decorated. Holy books of all kinds, particularly Books of Hours, owned by the wealthy, can be seen today in museums and were richly decorated in bindings created by jewelers and metal smiths.

Until the mid 18th century books were sold in sheets to be bound by the new owner; it was customary to have all the books in one’s library bound in a similar manner. The Industrial Revolution created a new market of readers: the middle class. As literacy spread, so too did the demand for books, and publishers increasingly bound books themselves prior to sale. If the buyer had the money to spend on a custom binding, they would still buy the book unbound, and take it to a small workshop where it would be bound by hand. By the early 19th century the binding process was mechanized, and publishers would bind their books in decorative cloth or leather. Books can be bound in virtually any material – there are books bound in velvet, fur, papier-mâché, and mother-of-pearl.

Law books were not often bound in glitzy covers, but in sturdy cloth or leather. What they lack in decoration, they make up for in durability. On display now in The Fred Parks Law Library Lobby is Pretty Old Law Books, a selection of 16th and 17th century materials from the Special Collections department. These items are some of the oldest, and prettiest, books in our collection and include an early work on arbitration, a manuscript of the High Court of Chancery reports, and a branded book. This exhibit will be up through the end of March 2011.