David Segal wrote the article discussing how American Bar Association accreditation standards contribute to tuition costs at law schools. The first paragraph is actually the only part of the article discussing the standards for law libraries. You can find these standards on the A.B.A. website. (Standards of Rules and Procedures for Approval of Law Schools.)
The standards for law libraries are in Chapter 6. Segal's article talks about how a school in Appalachia, the Duncan School of Law, copes with the requirement that the library maintain a "core collection." Duncan meets this requirement by providing online access to the core collection. The required core collection is:
Interpretation 606-5
A law library core collection shall include the following:
(1) all reported federal court decisions and reported decisions of the highest appellate court of each state;
(2) all federal codes and session laws, and at least one current annotated code for each state;
(3) all current published treaties and international agreements of the United States;
(4) all current published regulations (codified and uncodified) of the federal government and the codified regulations of the state in which the law school is located;
(5) those federal and state administrative decisions appropriate to the programs of the law school;
(6) U.S. Congressional materials appropriate to the programs of the law school;
(7) significant secondary works necessary to support the programs of the law school, and
(8) those tools, such as citators and periodical indexes, necessary to identify primary and secondary legal information and update primary legal information.
Interpretation 606-6
The dean, faculty, and director of the law library should cooperate in formulation of the collection development plan,
While the requirements for a core collection may be straightforward, the more abstract principle and one that almost necessarily requires a large expenditure of money on materials and access is:
Standard 601. GENERAL PROVISIONS
(a) A law school shall maintain a law library that is an active and responsive force in the educational life of the law school. A law library’s effective support of the school’s teaching,scholarship, research and service programs requires a direct, continuing and informed relationship with the faculty, students and administration of the law school.
(b) A law library shall have sufficient financial resources to support the law school’s teaching, scholarship, research, and service programs. These resources shall be supplied on a consistent basis.
(c) A law school shall keep its library abreast of contemporary technology and adopt it when appropriate.
While refraining from getting into Segal's arguments on ABA accreditation, one can contend that a library located in a large and sophisticated community like Harris County and contending with schools like the University of Houston and the University of Texas law libraries, requires at least a "Mercedes library." Our alumni also practice in sophisticated and demanding specialities like international arbitration, intellectual property and maritime law. Of course our library is a Rolls-Royce, "Silver Cloud." Our students, faculty, and alumni deserve no less!
Attorney, Employ Thyself! - Jennifer Kim Chau, Maritime Specialist
Jessica Alexander,J.D., M.L.S., Reference Librarian
This will be the first in a series about young attorneys, who in the face of hard economic times have found success in solo practice.
Jennifer Kim Chau,12335 Kingsride Ln, No. 388, Houston, Texas 77024, hails from the small coastal town of Palacios, Texas. She is a patron of our library. I am always curious about the backgrounds and aspirations of young lawyers. I am fearful for young lawyers with student loan debt who cannot find employment with law firms or governmental agencies. However, it is possible to thrive with determination and creativity.
Jennifer graduated from the independant, Thomas M. Cooley School of Law, in Michigan. After graduation she aspired to work in criminal law and become an assistant district attorney. She did an internship with the Matagorda County District Attorney, but permanent employment was not possible.
Jennifer's dad who used to be in the shrimping business is now a municipal judge. The president of a corporation who owned a shrimp boat was talking to her dad about his need for an attorney to represent the corporation in an ad volarem tax matter. Jennifer landed the work and the rest is history. She now represents the corporation full-time, and is stimulated and excited about her new found speciality.
She comes to our library often to use our extensive maritime collection, and to consult other resources as well. Our maritime collection includes the major standard works in the area. You can peruse our collection on the fourth floor at KF 1096-1114. She said she loves our library and "its the best library she's ever been to hands down!"
Reference Tidbit, Briefs Available Online 14th Court of Appeals
By Jessica R. Alexander, J.D., M.L.S., Reference Librarian
The 14th Court of Appeals, Houston, has just implemented online access to briefs. Dates of inclusion are not apparent from the website. In the meantime, this is an important addition to their existing search utilities.
I have published a piece before on simultaneously searching Texas courts using Google scholar since the court system itself has never instituted cross-court searching. This new access by the 14th Court probably grows out of the fact that attorneys have been filing petitions and briefs online. Beginning January 1, 2012, attorneys in civil cases will be required to file all petitions and briefs through Texas.gov e-Filing for Courts. This requirement does not extend uniformly to the trial courts, so be sure refer to the official page of each trial court to find out if it participates in the Texas.gov efiling program.
There will be more information to come on these developments. One question to be answered is whether the ProDoc eFiling service will continue to be an option for filing in Texas Courts.
Legal Education at a Crossroads
Jessica R. Alexander, J.D., M.L.S., Reference Librarian
New York Times, "What They Don't Teach Law Students: Lawyering, is informative when the reader studies the whole content. However, its main thesis, that somehow law students are ill-served by the case (Socratic) method of legal study, is a subject for debate. It seems to assume that the only purpose for a legal education is a lucrative career. But a legal education has more riches to offer than monetary gain. A law degree is a platform for an extremely informed way of looking at current and historical events. All relationships, whether between persons, a person and the environment, a person and their government, business entities, or animals, to name a few, have a legal component. A legal education provides the ability to sense more than one level of these relationships just as musical talent or education provides the ability to hear more than one harmonic voice in a chorus.There is a degree of panic relative to legal education because the economy has made it much harder to find a lucrative job after law school. High tuition costs have heightened the difficulty law graduates face after completing a degree. All criticism of legal education should trend towards balancing the need for practical training and the love of the law that a Juris Doctor provides.
Reference Tidbit - Going to the Poll on November 8, 2011 - Non-disclosure and Expungement of Criminal Records in Texas
By Jessica R. Alexander, J.D., M.L.S., Reference Librarian
I made it to my polling station last Tuesday, November 8, 2011, with three minutes to spare. I will admit that I did not know that I would have an opportunity to vote on a constitutional initiative that may ease the problems with so-called "deferred adjudications" in Texas.
Proposition 9 on the ballot was worded: "The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision." (Spanish) “Enmienda constitucional que autoriza al gobernador para conceder el indulto a personas que cumplan con éxito un plazo de supervisión comunitaria por adjudicación aplazada.” See Texas Legislative Council analysis of the proposition at http://www.tlc.state.tx.us/pubsconamend/analyses11/analyses11.pdf.
For years citizens and even attorneys believed that a deferred adjudication plea bargain in a criminal case meant that, after the probationary period of deferred adjudication had run, the accused's criminal record would be clear. But, the cold truth is that these deferred adjudications show up in publicly accessible law enforcement records and are treated as convictions by people such as potential employers and landlords, however wrongly. Secondly, the expungement procedure under Chapter 55 of the Texas Code of Criminal Procedure is not available to people who are placed on Community Supervision under Article 42.12 of the Texas Code of Criminal Procedure. Alas, almost all people who plea in exchange for deferred adjudication are placed on Community Supervision.
For purposes of brevity see the website of the Harris County District Attorney, Patricia Lykos, and click on Frequently Asked Questions -- deferred adjudication.
Back to election of November 8, and Proposition 9. : It passed by 57% in favor to 43% opposed. It is companion to a bill signed into law on June 16, 2011, SB 144 of the 82nd Regular Session of the Texas Legislature, 2011, introduced by my friend, Representative Royce West of Dallas, and authorizes "...the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision."
The law is codified in Article 48.01 of the Texas Code of Criminal Procedure. Information on the implementation of the new law can be found on the Texas Board of Pardon and Paroles web page.
Reference Tidbit - Using Google Scholar for Combined Search of Texas State Court Opinions
By Jessica R. Alexander, J.D., M. L. S., Reference Librarian
The official web sites of the courts in the Texas Judicial system are not integrated when it comes to case and opinion searches. See Texas Courts Online. Thanks to the Google Scholar search this problem is solved to some degree.
Obviously Google has a search algorithm that extracts Texas appellate opinions from the official websites. Google overlays them with a Southwest Reporter citation. Of course the search is limited by the date spans of the loaded opinions.
To perform a search, go to the main Google page and click More and click on ScholarYou can search from that page by clicking the button Legal opinions and journals, or, even better, click on the Advanced search button. Put in your search terms and go to the bottom of the search form and specify the courts (either state or federal) that you want to search. Note there is also a link to a menu of combined searches. You can search any or all of the state or federal courts in a particular jurisdiction. The images below depict a sample search. Click on the images to enlarge them.
Obviously Google has a search algorithm that extracts Texas appellate opinions from the official websites. Google overlays them with a Southwest Reporter citation. Of course the search is limited by the date spans of the loaded opinions.
To perform a search, go to the main Google page and click More and click on ScholarYou can search from that page by clicking the button Legal opinions and journals, or, even better, click on the Advanced search button. Put in your search terms and go to the bottom of the search form and specify the courts (either state or federal) that you want to search. Note there is also a link to a menu of combined searches. You can search any or all of the state or federal courts in a particular jurisdiction. The images below depict a sample search. Click on the images to enlarge them.
Columbus Day Holiday Party to celebrate the New World
Nostalgia in the United States is increasing, which means that holidays like Columbus Day are as relevant as ever for the Americans. The discovery of our great nation by Christopher Columbus along with the rest of the Americas is an occasion worth celebrating. Interestingly, we are not alone in our celebration of this day - several Latin American nations celebrate October 12 as the day of discovery and rejoice in it. Between 1492 and today is a day that comes to mind as the birth of our land.
Like any historical celebration, there are lessons to be learned and remember when you think about the meaning of Columbus Day. But a nation like ours, based on tolerance and open to immigrants to this day, is worthy of a match. Having a fall festival with a lot of memories of the glorious past. Think of the New World, its wilderness and beauty to adorn your home. Bring a few plants in pots and put candles. Dressed in vintage clothing, if you have or can hire anyone.
Ask your friends to play along with the subject. Include your children because it is a holiday that will grow to love and appreciate. Offering traditional food, but simple, so you can join the Columbus Day holiday as well.
Columbus Day is an occasion that deserves to be marked with a party. Have fun with your loved ones is certainly time well spent. With some ideas, you can plan a party well and truly to be remembered.
Like any historical celebration, there are lessons to be learned and remember when you think about the meaning of Columbus Day. But a nation like ours, based on tolerance and open to immigrants to this day, is worthy of a match. Having a fall festival with a lot of memories of the glorious past. Think of the New World, its wilderness and beauty to adorn your home. Bring a few plants in pots and put candles. Dressed in vintage clothing, if you have or can hire anyone.
Ask your friends to play along with the subject. Include your children because it is a holiday that will grow to love and appreciate. Offering traditional food, but simple, so you can join the Columbus Day holiday as well.
Columbus Day is an occasion that deserves to be marked with a party. Have fun with your loved ones is certainly time well spent. With some ideas, you can plan a party well and truly to be remembered.
The Fred Parks Law Library is pleased to announce our acquisition of four rare fifteenth century legal works.
by Heather Kushnerick, Special Collections Librarian
In honor of our 10th anniversary, the Fred Parks Law Library has purchased four 15th century legal works. These books are important not just because of their rarity and subject matter, but because of their age and condition.
Paul de Castro’s Super primo, Secundo et Tertio Libro Codis... is a Commentary on the Code of Justinian printed in Venice in 1495. The Fred Parks copy is one of only two copies in the Western hemisphere. Jean Barbier’s Viatorium Utriusque Iuris is a legal handbook. printed in Strassburg in 1493. It combines elements of Roman and canon law with the legal customs of southern France. Jodocus of Erfurt’s Vocabularium Iuris Utrius(que) is a work of great authority. This early law dictionary went through more than 70 editions. The Fred Parks copy was printed in Nuremburg in 1481, a mere 29 years after the invention of the printing press, making it the oldest book in the library's collection. Finally, we have a first printed edition of Nicholas Statham’s [Abridgement of Cases], printed in 1490. Covering the reigns of Edward I through Henry VI, it was considered the standard abridgement until the publication of Sir Anthony Fitzherbert's Le Graunde Abridgement in 1514.
Early printed books, dating from 1492, when movable type was invented, to 1500, are called incunabula. Due to their age and the impact of constant warfare in Europe, they are very rare and often incomplete. It is not unusual for incomplete, or alas, even complete works, to be sold leaf by leaf in order to make the most profit.
The process of printing a book developed by Gutenberg in 1452 was much faster than hand copying, but it was still a laborious endeavor. Each letter of each word was hand-placed by a workman, called a compositor, into a small tray. Each line was carefully placed to form to an even margin, and when the tray (called a compositing stick) was full, the workman transferred it to another tray called a galley. The galley was large enough to hold an entire page, and when the page was complete, the workman set the tray aside to begin work on the next one. He did not go leaf by leaf but rather section by section. Large sheets of paper would be printed with multiple pages on each side; they were then folded into what we would recognize today as a section of a book. As a result of this process, not all the type was facing the same direction. On one sheet of paper there could be as many as 24 leaves, or pages, of a book on each side.
Once all the type was laid out correctly and was in the printing press, it would be covered in ink and paper would be pressed onto it. The paper would be removed, more ink would be applied, and another sheet laid on top to be pressed. And so it went until the workman had the total number of sheets needed for the edition he was preparing. Then the letters were returned to their individual bins, and the next section in the book was prepared and printed. The books were then assembled (hopefully in the correct order), and delivered to the binder, who would sew them together and bind them in paper, wood, leather or in a custom design for a specific buyer.
The four works now in our collection are in remarkable condition for their age, and will be on display in the library lobby now through the end of November as we celebrate our 10th anniversary.
In honor of our 10th anniversary, the Fred Parks Law Library has purchased four 15th century legal works. These books are important not just because of their rarity and subject matter, but because of their age and condition.
Paul de Castro’s Super primo, Secundo et Tertio Libro Codis... is a Commentary on the Code of Justinian printed in Venice in 1495. The Fred Parks copy is one of only two copies in the Western hemisphere. Jean Barbier’s Viatorium Utriusque Iuris is a legal handbook. printed in Strassburg in 1493. It combines elements of Roman and canon law with the legal customs of southern France. Jodocus of Erfurt’s Vocabularium Iuris Utrius(que) is a work of great authority. This early law dictionary went through more than 70 editions. The Fred Parks copy was printed in Nuremburg in 1481, a mere 29 years after the invention of the printing press, making it the oldest book in the library's collection. Finally, we have a first printed edition of Nicholas Statham’s [Abridgement of Cases], printed in 1490. Covering the reigns of Edward I through Henry VI, it was considered the standard abridgement until the publication of Sir Anthony Fitzherbert's Le Graunde Abridgement in 1514.
Early printed books, dating from 1492, when movable type was invented, to 1500, are called incunabula. Due to their age and the impact of constant warfare in Europe, they are very rare and often incomplete. It is not unusual for incomplete, or alas, even complete works, to be sold leaf by leaf in order to make the most profit.
The process of printing a book developed by Gutenberg in 1452 was much faster than hand copying, but it was still a laborious endeavor. Each letter of each word was hand-placed by a workman, called a compositor, into a small tray. Each line was carefully placed to form to an even margin, and when the tray (called a compositing stick) was full, the workman transferred it to another tray called a galley. The galley was large enough to hold an entire page, and when the page was complete, the workman set the tray aside to begin work on the next one. He did not go leaf by leaf but rather section by section. Large sheets of paper would be printed with multiple pages on each side; they were then folded into what we would recognize today as a section of a book. As a result of this process, not all the type was facing the same direction. On one sheet of paper there could be as many as 24 leaves, or pages, of a book on each side.
Once all the type was laid out correctly and was in the printing press, it would be covered in ink and paper would be pressed onto it. The paper would be removed, more ink would be applied, and another sheet laid on top to be pressed. And so it went until the workman had the total number of sheets needed for the edition he was preparing. Then the letters were returned to their individual bins, and the next section in the book was prepared and printed. The books were then assembled (hopefully in the correct order), and delivered to the binder, who would sew them together and bind them in paper, wood, leather or in a custom design for a specific buyer.
The four works now in our collection are in remarkable condition for their age, and will be on display in the library lobby now through the end of November as we celebrate our 10th anniversary.
Confluence Noted: New York Times Opinion Piece, "The Military and the Death Penalty" and Our Houston Mutiny and Riots Collection
By Jessica R. Alexander, J.D., M.L.S., Reference Librarian
The issue of race, military tribunals and the imposition of the death penalty is an issue that has been shaped by events that occured in August 1917 in Houston. African-American soldiers who were involved in the construction of Camp Logan, a World War I military encampment were the subjects. They rioted and murdered white citizens and police officials in August 1917. The catalyst was the police beating of two soldiers and a false report that one of them had died. The racial hostility from the white population and law enforcement authorities contributed to the atmosphere of violence. As a result, sixty-three African-American soldiers were court-martialed. Five of the accused were acquitted, thirteen were sentenced to death, forty-one were sentenced to life in prison, with only four receiving lesser sentences. See the article written by Fred L. Borsch, III, The Army Lawyer, February 2011, under the byline, Lore of the Corps, "The Largest Murder Trial in the History of the United States: The Houston Riots Courts-Martial of 1917." at page 1. (The table of contents does not refer to the piece, but scroll to page 1 to read it.)
The issues in the Houston riots are still reverberating. The rush to judgment and near summary executions involved in the Houston incident has shaped military justice ever since.
When the The New York Times published an editorial on August 31 called "The Military and the Death Penalty," it called to mind the 1917 executions. The editorial highlights the results of a study co-authored by David Balthus which showed that "Minority service members are more than twice as likely as whites — after accounting for the crimes’ circumstances and the victims’ race — to be sentenced to death." (David Baldus died in June).
The Fred Parks Library is fortunate that Mark Lambert, our former archivist, acquired the entire microfilm collection of the trial proceedings. We asked the Law Library Microform Consortium (LLMC) to digitize the film and our present archivist Heather Kushnerick has loaded the digital files into our South Texas College of Law Digital Collection and provided indexing and other annotations of the resource.
To highlight this unique accomplishment we are planning a symposium on the Houston Mutiny and Riots for the spring of 2011. Stay tuned for more information about this event. Professor Geoffrey has volunteered to spearhead this event, along with Professors Kenneth Williams and Val Ricks. Professor Corn has already recruited Fred Borsch,III to be one of the keynotes. Professors David Cowan, Library Director and Dean Helen Jenkins are supporting the event from an institutional standpoint.
BNA’s United States Law Week is for all Comers.
Jessica R. Alexander, J.D., M.L.S., Reference Librarian
Prior to the ability to obtain up to date case law via databases such as Lexis and Westlaw, United States Law Week, a print publication of the Bureau of National Affairs, now known as BNA, was the traditional way to get weekly updates of federal case law. It is available in print, KF101.U5 (current volumes on reserve, non-current volumes on main (3rd floor) and on-line. http://news.bna.com/lwln/).
The print version is split into the Supreme Court and the General editions. Opinions are summarized by the editors. Full Supreme Court opinions follow the case summaries. In the online edition look for links to full opinions in original format (PDF) at the end of the article. It is well worth a user's time to study the search features and customization abilities of the database.
Prior to the ability to obtain up to date case law via databases such as Lexis and Westlaw, United States Law Week, a print publication of the Bureau of National Affairs, now known as BNA, was the traditional way to get weekly updates of federal case law. It is available in print, KF101.U5 (current volumes on reserve, non-current volumes on main (3rd floor) and on-line. http://news.bna.com/lwln/).The print version is split into the Supreme Court and the General editions. Opinions are summarized by the editors. Full Supreme Court opinions follow the case summaries. In the online edition look for links to full opinions in original format (PDF) at the end of the article. It is well worth a user's time to study the search features and customization abilities of the database.
- Circuit Splits --This very important feature notes circuit splits on various legal issues. This is a tried and true method for identifying research topics.
- Law Firm Authors -- A student who has an interview scheduled with a firm can search for articles written by firm members.
- Customization -- Sign in by providing your name and email address. Click on Preferences. You can choose to display highlights or headlines (case alerts). Create folders to save your searches and make notes about search results.
- Advanced Searches -- Search by headings (terms in headlines and headings), topics (subject thesaurus), case names, authors and states.
- Split Screens -- This feature makes navigation inside a topic or list easier – the results list appears on the left side, while the selected item appears on the right.
Now that you purchased your dream expresso machine, learning how to actually make latte …?
Jessica R. Alexander, J.D., M.L.S., Reference Librarian
As a Reference Librarian, I am excited by purchases of the latest and greatest databases. The library has subscribed to a number of BNA online databases for years. But our new BNA Premiere package is daunting in its coverage.With such expanded online coverage, I am burdened by the need to communicate best practices in conducting research in these databases. The BNA Premiere package contains over 100 separate titles, and within those titles hundreds of separate resources. For example the Tax Planning and Tax Management(TM) databases number about seventeen titles, including the well-known Tax Management Memorandums.
In the future, see my blog postings on these databases, as well as information on the databases in our LibGuides.
So Cool! - SXSW Volunteer Shirt Worn by New Student, Abdul Pasha.
Jessica R. Alexander, JD., M.L.S., Reference Librarian
A new student, Abdul Pasha, a UT Government grad volunteered for the SXSW Film festival. Since I am a big fan of the SXSW Interactive Festival, I was impressed by his volunteer t-shirt. His shirt, pictured on Abdul, at left, depicts a "deer in the headlights." In the library, we try to spot our new students and help them not to feel like a deer facing a Ferrari.
Later, I will be blogging on our BNA databases. We now subscribe to over 100 of these databases, and there is something for every patron in that mix.
Baron: Lawmakers Also Act On Other Education Legislation [TOPEd, 7/15/11]: And they’re off! Bills flew through the senate and assembly chambers as lawmakers wrapped up as much business as possible before leaving for summer recess on Thursday afternoon. When they return on August 15th, the docket will still be full, but the fate of some key education bills is coming into sharper focus. Here’s where they stand.
New State Law Requires LGBT History In Textbooks [San Francisco Chronicle / New York Times, 7/15/11]: Public schools in California will be required to teach students about the contributions of lesbian, gay, bisexual and transgender Americans starting Jan. 1 after Gov. Jerry Brown on Thursday signed a controversial bill to add the topic to the social sciences curriculum.
District finds possible embezzlement by coaches [Orange County Register, 7/14/11]: Capistrano Unified acknowledged Wednesday that some of its high school athletic coaches may have embezzled hundreds of thousands of dollars of district and parent money in an elaborate kickback scheme involving a local athletic supply company, giving credence to an Irvine couple's long-standing allegations that the kickbacks were pervasive in school districts across Orange County.
Education Issues Take Spotlight in High Court [Education Week, 7/13/11]: The U.S. Supreme Court term that ended in June produced rulings significant for the rights of children, school employees, and those who would challenge government aid to religious schools. The decisions were among roughly 10 during the 2010-11 term that involved issues of interest to school administrators, parents, or education advocates.
Fifth Circuit finds name calling and teasing did not constitute peer sexual harassment under Title IX 7/13/11: A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (LA, TX, MS) has affirmed a Texas federal district court’s grant of summary judgment in favor of a school district on a student’s claims of Title IX peer sexual harassment and retaliation, and violation of her equal protection rights based on peer sexual harassment. “Reduced to its essentials, this is nothing more than a dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad." The case is Sanches v. Carrollton-Farmers Branch Independent School District from the 5th Circuit. Read the NSBA’s Legal Clips summary of the case.
Ninth Circuit: Teacher Not Liable in Sex Between Special Education Students [School Law Blog, 7/13/11]: A Washington state teacher did not violate the due-process rights of a student with developmental disabilities who had sexual encounters in a bathroom with another special education student, a federal appeals court has ruled. The case is Patel v. Kent School District.
California law updated to include cyberbullying by students through social networking sites [San Jose Mercury News / California Watch 7/12/11]: An existing California law that gives school officials the right to suspend or expel a student for bullying another student over the Internet or by other electronic means has been updated to include bullying others through social networking websites. The law is from AB 746. Read the NSBA Legal Clip.
Investigation: Tehachapi district's response to bullying inadequate [California Watch, 7/13/11]: The mother of a deceased 13-year-old middle school student has filed a wrongful-death lawsuit against the Tehachapi Unified School District after federal authorities concluded school officials didn't adequately respond to the gay teen's complaints of attacks and harassment. The Bakersfield Californian also has a story.
Bill leaves educators feeling violated [Chico Enterprise-Record, 7/12/11]: A hastily delivered and approved education bill and the new state budget contain details that not only continued local school districts' financial uncertainty, but also infringe on local authority, according to some officials.
Union: Student achievement should be part of teacher evaluations [New York Times, 7/4/11]: The National Education Association has endorsed the use of student-achievement data in evaluating teachers, but its members believe current standardized tests are ineffective and should not be factors in assessing teachers. Under the policy adopted at the union's assembly Monday, evaluations would be based on teacher practice, teacher collaboration and student learning. "N.E.A. is and always will be opposed to high-stakes, test-driven evaluations," said Becky Pringle, secretary-treasurer of the union.
Battle Erupts Over the Future of Special Education [Bay Citizen, 6/19/11]: A plan to close a small school for children with severe behavioral problems is mushrooming into a larger battle over how the San Francisco Unified School District treats special-education students.
The Prop 98 disappearing act [Thoughts on Public Education, 6/17/11]: When Gov. Brown vetoed the budget yesterday, he also halted one of the “legally questionable maneuvers” referred to in his veto message, in which legislators attempted to ignore the constitutional funding requirements of Proposition 98.
Supreme Court Unlikely to Tackle Pledge Anytime Soon [School Law Blog, 6/15/11]: This interesting post to the School Law Blog website reviews recent court action and concludes that “recitations are likely to continue throughout much of the country for the foreseeable future.”
Justices Decline to Hear Pledge of Allegiance Challenge [School Law Blog, 6/13/11]: The U.S. Supreme Court on Monday declined to take up another challenge to school-led recitations of the Pledge of Allegiance. The justices declined without comment to consider a federal appeals court decision that upheld a New Hampshire law requiring schools to set aside time daily for students to voluntarily recite the Pledge.
Appeals Court Backs Students in Internet Parodies of Principals [School Law Blog, 6/13/11]: In a major pair of decisions on the free speech rights of students in the Internet era, a federal appeals court ruled on Monday that students who ridiculed their principals online could not be punished by school authorities because the speech was created off campus and did not substantially disrupt schools.
Fensterwald: Big changes for better teachers [Educated Guess, 6/7/11]: The report commissioned by the United Way of Greater Los Angeles and civil rights groups is recommending sweeping changes in the way Los Angeles Unified recruits, hires, evaluates, and pays teachers, as well as substantial changes in state laws in areas such as tenure and seniority rights that obstruct teacher effectiveness.
Laws In Space featuring South Texas Faculty and 2010 Alum
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Two of our librarians, Jessica Alexander and Adreinne Cobb, had a great time at Houston Bar Association's annual production of Night Court, "a parody of pop culture, current events, politics, and the legal profession." This year's theme was Laws in Space, and it featured our very own Dean Helen Jenkins (aka Padme Amidala), and 2010 South Texas graduate, Darryl Scott (aka Darth Vader). Dean Guter and his wife, Pat Guter, were also in attendance, along with James Goodwille Pierre, South Texas class of 2006, and Hayes Jenkins, Princess Amidala's husband. Jessica and Adrienne had a great time as you can see. They were the show's number one groupies!
Click here for a slide show and a special message from Darth Vader:
Casey Anthony Documents Online
By Jessica R. Alexander, J.D., M.L.S., Reference Librarian
Twenty-five thousand pages related to the Casey Anthony murder case are online at http://www.cfnews13.com/article/news/2011/march/219927/.
California school funding analysis finds disparity [San Francisco Chronicle, 6/5/11]: State lawmakers have struggled for decades to bring equality to how school districts are funded, yet some districts receive thousands more per student than others, a California Watch analysis has found. And the data show spending more provides no assurance of academic success. Read the California Watch study. Analyze the data.
Study shows some East Bay districts get bigger bang for their bucks than others [Contra Costa Times 6/5/11]: In the East Bay, school spending and academic achievement vary widely, with some districts appearing to get more bang for their bucks than others. The reasons for the disparities are complex, district officials say. Yet most agree that spending more doesn't necessarily guarantee higher Academic Performance Index, or API, scores, while spending less doesn't always mean students will fare poorly.
Door opens for major reform of school finance [California Watch, 6/3/11]: In a notable display of bipartisan support, the state Assembly approved potentially landmark school financing legislation by a 74-2 vote this week. The vote reflected an overwhelming consensus on the need to reform the way schools are funded,
Assembly: Yes, fix school funding [Educated Guess, 6/3/11]: A bill that would become the foundation for restructuring the state’s K-12 funding system passed the Assembly this week with near unanimity (a vote of 74-2) – a sign that legislators agree with the concept and are willing to let important details be worked out in coming months.
N.Y. Court Upholds Rule Against Use of Schools for Sunday Worship [School Law Blog, 6/2/11]: A New York City school system rule barring the use of public schools for weekend religious worship services does not violate the First Amendment rights of a Christian church, a federal appeals court ruled on Thursday. The decision is The Bronx Household of Faith v. Board of Education of the City of New York.
Fensterwald: Experiments in evaluating teachers [Educated Guess, 6/1/11]: Teachers of Lucia Mar Unified, near Pismo Beach, are a crack in the wall of resistance to overhauling how teachers are evaluated and rewarded for their performance.
Teacher and District Sued [Courthouse News, 6/1/11]: Parents say their 12-year-old daughter was sexually assaulted by her 7th-grade math teacher, Steven Sande, 61, who awaits sentencing, and that Pajaro Valley Unified School District ignored previous complaints about his predations. Read the legal complaint.
Baron: The suspense is over: Local taxing authority bill heads to senate floor [Thoughts on Public Education, 5/27/11]: The wild budget rumpus is about to begin in earnest. Senate President pro Tem Darrell Steinberg’s bill to give counties and school districts broader power to push for new taxes is headed to the Senate floor for a vote. SB 653 was among dozens of bills taken off the suspense file and passed Thursday by the Senate Appropriations Committee.
U.S. Supreme Court Dismisses School Questioning Case [School Law Blog, 5/26/11]: The U.S. Supreme Court on Thursday sidestepped an important test of whether in-school interviews of students by the police and other authorities require a warrant, ruling that the case—involving the questioning of an Oregon girl by authorities who believed she was a victim of sexual abuse at home—was moot. However, without deciding the merits of the issue, the court set aside part of a federal appeals court ruling that the Fourth Amendment required investigators to have a warrant or parental consent before interviewing students in school. The decision is Camreta v. Greene.
Scholar: Courts Ill-Equipped for School Reform [School Law Blog, 5/25/11]: Efforts to use the courts to reform public education have largely been a failure, says a political scientist who has closely studied school litigation. You can read the draft report.
Arizona judge narrows scope of FERPA “education records” in Tucson shooter Loughner’s case [Student Press Law Center, 5/20/11]: If we are not already at the point where it is an act of legal malpractice for an attorney to advise a college to defy a public-records request for anything other than academic-related records, then we are awfully close. The weight of legal authority that FERPA does not say what most school and college attorneys believe it says (or would like it to say) has become overwhelming. In just the past six months, court after court has rejected the view advanced by some in the Department of Education that any cocktail napkin scrawled with the name of a student qualifies as a FERPA education record. Read the decision by the Superior Court judge in Arizona in Phoenix Newspapers v. Pima Community College.
Court Backs Censorship of High School Paper's Sex Cartoon [School Law Blog, 5/18/11]: A New York State school district was on solid legal ground when it barred a high school student newspaper from publishing a sexually explicit cartoon, a federal appeals court (the 2nd Circuit) has ruled. The case is R.O. v. Ithaca City School District. On page 18 of the exhibits, courtesy of the “How Appealing” blog (http://howappealing.law.com/), you can find the cartoon in question. The Student Press Law Center has a press release about this decision.
“If you can’t beat the school board, join it.” Teenage editor is about to be his principal’s boss [Student Press Law Center, 5/18/11]: Memo to America’s high school principals: Be very, very careful whose First Amendment rights you step on. One day, you may wake up and find that student editor is your boss. And that day may come sooner than you think. Aaron Brant, editor-in-chief of The Oracle at Pennsylvania’s Rochester Area High School, emerged victorious in Tuesday’s primary for one of five seats on the board of the Rochester Area School District. Winning the primary equates to winning a term on the board, since only five candidates will be on the November ballot.
Study shows some East Bay districts get bigger bang for their bucks than others [Contra Costa Times 6/5/11]: In the East Bay, school spending and academic achievement vary widely, with some districts appearing to get more bang for their bucks than others. The reasons for the disparities are complex, district officials say. Yet most agree that spending more doesn't necessarily guarantee higher Academic Performance Index, or API, scores, while spending less doesn't always mean students will fare poorly.
Door opens for major reform of school finance [California Watch, 6/3/11]: In a notable display of bipartisan support, the state Assembly approved potentially landmark school financing legislation by a 74-2 vote this week. The vote reflected an overwhelming consensus on the need to reform the way schools are funded,
Assembly: Yes, fix school funding [Educated Guess, 6/3/11]: A bill that would become the foundation for restructuring the state’s K-12 funding system passed the Assembly this week with near unanimity (a vote of 74-2) – a sign that legislators agree with the concept and are willing to let important details be worked out in coming months.
N.Y. Court Upholds Rule Against Use of Schools for Sunday Worship [School Law Blog, 6/2/11]: A New York City school system rule barring the use of public schools for weekend religious worship services does not violate the First Amendment rights of a Christian church, a federal appeals court ruled on Thursday. The decision is The Bronx Household of Faith v. Board of Education of the City of New York.
Fensterwald: Experiments in evaluating teachers [Educated Guess, 6/1/11]: Teachers of Lucia Mar Unified, near Pismo Beach, are a crack in the wall of resistance to overhauling how teachers are evaluated and rewarded for their performance.
Teacher and District Sued [Courthouse News, 6/1/11]: Parents say their 12-year-old daughter was sexually assaulted by her 7th-grade math teacher, Steven Sande, 61, who awaits sentencing, and that Pajaro Valley Unified School District ignored previous complaints about his predations. Read the legal complaint.
Baron: The suspense is over: Local taxing authority bill heads to senate floor [Thoughts on Public Education, 5/27/11]: The wild budget rumpus is about to begin in earnest. Senate President pro Tem Darrell Steinberg’s bill to give counties and school districts broader power to push for new taxes is headed to the Senate floor for a vote. SB 653 was among dozens of bills taken off the suspense file and passed Thursday by the Senate Appropriations Committee.
U.S. Supreme Court Dismisses School Questioning Case [School Law Blog, 5/26/11]: The U.S. Supreme Court on Thursday sidestepped an important test of whether in-school interviews of students by the police and other authorities require a warrant, ruling that the case—involving the questioning of an Oregon girl by authorities who believed she was a victim of sexual abuse at home—was moot. However, without deciding the merits of the issue, the court set aside part of a federal appeals court ruling that the Fourth Amendment required investigators to have a warrant or parental consent before interviewing students in school. The decision is Camreta v. Greene.
Scholar: Courts Ill-Equipped for School Reform [School Law Blog, 5/25/11]: Efforts to use the courts to reform public education have largely been a failure, says a political scientist who has closely studied school litigation. You can read the draft report.
Arizona judge narrows scope of FERPA “education records” in Tucson shooter Loughner’s case [Student Press Law Center, 5/20/11]: If we are not already at the point where it is an act of legal malpractice for an attorney to advise a college to defy a public-records request for anything other than academic-related records, then we are awfully close. The weight of legal authority that FERPA does not say what most school and college attorneys believe it says (or would like it to say) has become overwhelming. In just the past six months, court after court has rejected the view advanced by some in the Department of Education that any cocktail napkin scrawled with the name of a student qualifies as a FERPA education record. Read the decision by the Superior Court judge in Arizona in Phoenix Newspapers v. Pima Community College.
Court Backs Censorship of High School Paper's Sex Cartoon [School Law Blog, 5/18/11]: A New York State school district was on solid legal ground when it barred a high school student newspaper from publishing a sexually explicit cartoon, a federal appeals court (the 2nd Circuit) has ruled. The case is R.O. v. Ithaca City School District. On page 18 of the exhibits, courtesy of the “How Appealing” blog (http://howappealing.law.com/), you can find the cartoon in question. The Student Press Law Center has a press release about this decision.
“If you can’t beat the school board, join it.” Teenage editor is about to be his principal’s boss [Student Press Law Center, 5/18/11]: Memo to America’s high school principals: Be very, very careful whose First Amendment rights you step on. One day, you may wake up and find that student editor is your boss. And that day may come sooner than you think. Aaron Brant, editor-in-chief of The Oracle at Pennsylvania’s Rochester Area High School, emerged victorious in Tuesday’s primary for one of five seats on the board of the Rochester Area School District. Winning the primary equates to winning a term on the board, since only five candidates will be on the November ballot.
Happy 10th Anniversary to us!
by Heather Kushnerick, Special Collections Librarian
The Fred Parks Law Library opened in 2001, and in the past 10 years a lot of things have changed. We’ve increased our print collection, gotten a multitude of fantastic databases, added digital collections, and built up our Special Collections. Our Special Collections consist of the library’s rare book collection, manuscript collections, and the college archive. These are closed stacks collections that may be accessed by appointment with the Special Collections Librarian. The preservation and the security of collections are ongoing concerns for the library. Items from Special Collections are not eligible for interlibrary loan and must be used in the Jones Reading Room under the supervision of library staff. Currently, the oldest item in Rare Book Collection dates from 1481 – that’s a mere 29 years after the Printing Revolution began with Gutenberg’s invention of movable type.
The Rare Book Collection consists of items considered too old, rare, valuable or fragile to be housed in the main collection. We focus on Texas legal history, Texana, Houston history, Mexican and Spanish law, and seminal works in legal history, particularly those dealing with Common Law. Items from Special Collections are placed on exhibit 3 to 4 times a year in an effort to promote the collection. Since 2011 is the year of our 10th anniversary, we have purchased some real gems in honor of this milestone. On display now in the library lobby is an exhibition featuring some of our most recent acquisitions, including a Spanish and Catalan edition of the Consolato del Mare, a study on Siete Partidas, a sixteenth century work on legal theory, a Spanish treatise on criminal procedure (which includes a section on the use of torture on both witnesses and the accused), a Spanish naval treatise addressing international law written at the time of the American Revolution, and a volume containing primary sources in Texas legal history. This exhibition will be up through September.
For more information on the Special Collections Department, please contact Heather Kushnerick at hkushnerick@stcl.edu.
The Fred Parks Law Library opened in 2001, and in the past 10 years a lot of things have changed. We’ve increased our print collection, gotten a multitude of fantastic databases, added digital collections, and built up our Special Collections. Our Special Collections consist of the library’s rare book collection, manuscript collections, and the college archive. These are closed stacks collections that may be accessed by appointment with the Special Collections Librarian. The preservation and the security of collections are ongoing concerns for the library. Items from Special Collections are not eligible for interlibrary loan and must be used in the Jones Reading Room under the supervision of library staff. Currently, the oldest item in Rare Book Collection dates from 1481 – that’s a mere 29 years after the Printing Revolution began with Gutenberg’s invention of movable type.
The Rare Book Collection consists of items considered too old, rare, valuable or fragile to be housed in the main collection. We focus on Texas legal history, Texana, Houston history, Mexican and Spanish law, and seminal works in legal history, particularly those dealing with Common Law. Items from Special Collections are placed on exhibit 3 to 4 times a year in an effort to promote the collection. Since 2011 is the year of our 10th anniversary, we have purchased some real gems in honor of this milestone. On display now in the library lobby is an exhibition featuring some of our most recent acquisitions, including a Spanish and Catalan edition of the Consolato del Mare, a study on Siete Partidas, a sixteenth century work on legal theory, a Spanish treatise on criminal procedure (which includes a section on the use of torture on both witnesses and the accused), a Spanish naval treatise addressing international law written at the time of the American Revolution, and a volume containing primary sources in Texas legal history. This exhibition will be up through September.
For more information on the Special Collections Department, please contact Heather Kushnerick at hkushnerick@stcl.edu.
Revised California budget softens blow for schools [Sacramento Bee, 5/18/11]: Largely because of rosier revenue projections for the coming year, budget experts at the Capitol say schools gained a cushion against cuts – even if Brown fails in his effort to extend 2009 increases to income taxes.
Teacher: ‘My employer has become my enemy’ [Washington Post, 5/18/11]: A library media educator in Los Angeles who blogs under the name Mizz Murphy wrote a powerful, first-person account of hearings being held by the Los Angeles Unified School District for teachers and others who who have received a Reduction in Force notice and are trying to keep their jobs.
Fensterwald: Big (invisible) boost in K-12 spending [Educated Guess, 5/17/11]: Gov. Jerry Brown gave K-12 school districts significantly more money, tempered by conflicting messages and sober warnings in the May Revision budget he presented on Monday.
Federal plan would expand school year – as California's shrinks [California Watch, 5/17/11]: Even as school districts around California are shrinking their school year, a bipartisan group of lawmakers in Washington is trying to push states to move in the opposite direction.
Fensterwald: Big (invisible) boost in K-12 spending [Educated Guess, 5/17/11]: Gov. Jerry Brown gave K-12 school districts significantly more money, tempered by conflicting messages and sober warnings in the May Revision budget he presented on Monday.
Baron: It’s not business, it’s personal [Thoughts on Public Education, 5/16/11]: It’s a measure of how worried and angry people are that nearly a hundred parents, students, educators, and policy makers gave up their Saturday to learn just how badly schools will be hit under Gov. Brown’s all-cuts budget, due out today, and to discuss some of the not-so popular solutions.
Oakland Unified becomes a cautionary tale for state takeovers in California [Oakland Tribune, 5/13/11]: Eight years after the Oakland school district's financial meltdown and state takeover, the local school board can't seem to shake past mistakes -- including some made by the state agency tasked with restoring its fiscal health. The story of the Richmond (now West Contra Costa County) school district is here.
Teacher layoffs out of sync with budget impasse [California Watch, 5/13/11]: Thousands of California teachers will receive final layoff notices by a state-imposed deadline of May 15, even though school districts are still in the dark about their financial status in the coming school year.
Opinion: Tobar: The disgraceful interrogation of L.A. school librarians [Los Angeles Times, 5/13/11]: If state education cuts are drastic, the librarians' only chance of keeping a paycheck is to prove they're qualified to be switched to classroom teaching. So LAUSD attorneys grill them. I've seen a lot of strange things in two decades as a reporter, but nothing quite as disgraceful and weird as this inquisition the LAUSD is inflicting upon more than 80 school librarians.
Family Claims H.S. Principal Went Ballistic [Courthouse News, 5/10/11]: A Clovis West High School student says high school officials had police arrest and interrogate him, then suspended him for 15 days for logging onto a Facebook page that parodied the school's principal. He says he didn't create the parody, and never logged onto the Facebook page with school computers, or during school hours or on school property.
Performance-based teacher layoff bill dies in committee [Los Angeles Times, 5/12/11]: California legislation calling for creation of teacher ratings for use in layoff decisions instead of seniority fails to win enough votes to move forward.
Shorter school year? [Inland County Bulletin, 5/10/11]: California's ongoing budget crisis could result in 20 days being cut from public schools' academic year. No legislative proposal exists, but Gov. Jerry Brown and school officials recently warned that shutting down school one month early - 20 instructional days - is a real possibility next year without an extension of higher taxes.
U.S. schools chief backs off on publication of teacher ratings [California Watch, 5/10/11]: U.S. Secretary of Education Arne Duncan has tempered his initial enthusiasm for publishing teacher effectiveness ratings based on test scores.
Times updates and expands value-added ratings for Long Angeles elementary school teachers [Los Angeles Times, 5/8/11]: New data include ratings for about 11,500 teachers, nearly double the number covered last August. School and civic leaders had sought to halt release of the data. The Daily News has a story also.
High bar for firing kept Sacramento teacher on paid leave for 14 months [Sacramento Bee, 5/8/11]: Each letter arrived differently over the course of four years: by mail, by hand and a third by email.
Teachers Union Objects To L.A. School District's New Evaluation Plan [Los Angeles Times, 5/7/11]: The union representing Los Angeles teachers is pursuing a legal challenge to a key early step in creating a new teacher evaluation system that includes the use of student scores on standardized tests, union officials said Friday.
Pension Study: Teachers' Benefits Are Modest [Ventura Star, 5/7/11]: An economic research firm hired to produce data that could justify an expected initiative campaign to scale back public-employee pensions uncovered what its authors called a surprising finding in its report issued this week: Teachers receive relatively modest pensions and contribute a sizable chunk of their earnings to fund their retirement benefits.
Court Upholds Teacher Firing Over Computer Porn [School Law Blog, 5/5/11]: A federal appeals court has upheld the dismissal of a Wisconsin high school teacher for accessing pornographic images on his school computer, rejecting his claims that his school district retaliated against him for teachers' union activism. The case, from the 7th Circuit, is Zellner v. Herrick.
You can read a blurb about the case from Wired.com's "Threat Level" blog (5/5/11).
Teacher: ‘My employer has become my enemy’ [Washington Post, 5/18/11]: A library media educator in Los Angeles who blogs under the name Mizz Murphy wrote a powerful, first-person account of hearings being held by the Los Angeles Unified School District for teachers and others who who have received a Reduction in Force notice and are trying to keep their jobs.
Fensterwald: Big (invisible) boost in K-12 spending [Educated Guess, 5/17/11]: Gov. Jerry Brown gave K-12 school districts significantly more money, tempered by conflicting messages and sober warnings in the May Revision budget he presented on Monday.
Federal plan would expand school year – as California's shrinks [California Watch, 5/17/11]: Even as school districts around California are shrinking their school year, a bipartisan group of lawmakers in Washington is trying to push states to move in the opposite direction.
Fensterwald: Big (invisible) boost in K-12 spending [Educated Guess, 5/17/11]: Gov. Jerry Brown gave K-12 school districts significantly more money, tempered by conflicting messages and sober warnings in the May Revision budget he presented on Monday.
Baron: It’s not business, it’s personal [Thoughts on Public Education, 5/16/11]: It’s a measure of how worried and angry people are that nearly a hundred parents, students, educators, and policy makers gave up their Saturday to learn just how badly schools will be hit under Gov. Brown’s all-cuts budget, due out today, and to discuss some of the not-so popular solutions.
Oakland Unified becomes a cautionary tale for state takeovers in California [Oakland Tribune, 5/13/11]: Eight years after the Oakland school district's financial meltdown and state takeover, the local school board can't seem to shake past mistakes -- including some made by the state agency tasked with restoring its fiscal health. The story of the Richmond (now West Contra Costa County) school district is here.
Teacher layoffs out of sync with budget impasse [California Watch, 5/13/11]: Thousands of California teachers will receive final layoff notices by a state-imposed deadline of May 15, even though school districts are still in the dark about their financial status in the coming school year.
Opinion: Tobar: The disgraceful interrogation of L.A. school librarians [Los Angeles Times, 5/13/11]: If state education cuts are drastic, the librarians' only chance of keeping a paycheck is to prove they're qualified to be switched to classroom teaching. So LAUSD attorneys grill them. I've seen a lot of strange things in two decades as a reporter, but nothing quite as disgraceful and weird as this inquisition the LAUSD is inflicting upon more than 80 school librarians.
Family Claims H.S. Principal Went Ballistic [Courthouse News, 5/10/11]: A Clovis West High School student says high school officials had police arrest and interrogate him, then suspended him for 15 days for logging onto a Facebook page that parodied the school's principal. He says he didn't create the parody, and never logged onto the Facebook page with school computers, or during school hours or on school property.
Performance-based teacher layoff bill dies in committee [Los Angeles Times, 5/12/11]: California legislation calling for creation of teacher ratings for use in layoff decisions instead of seniority fails to win enough votes to move forward.
Shorter school year? [Inland County Bulletin, 5/10/11]: California's ongoing budget crisis could result in 20 days being cut from public schools' academic year. No legislative proposal exists, but Gov. Jerry Brown and school officials recently warned that shutting down school one month early - 20 instructional days - is a real possibility next year without an extension of higher taxes.
U.S. schools chief backs off on publication of teacher ratings [California Watch, 5/10/11]: U.S. Secretary of Education Arne Duncan has tempered his initial enthusiasm for publishing teacher effectiveness ratings based on test scores.
Times updates and expands value-added ratings for Long Angeles elementary school teachers [Los Angeles Times, 5/8/11]: New data include ratings for about 11,500 teachers, nearly double the number covered last August. School and civic leaders had sought to halt release of the data. The Daily News has a story also.
High bar for firing kept Sacramento teacher on paid leave for 14 months [Sacramento Bee, 5/8/11]: Each letter arrived differently over the course of four years: by mail, by hand and a third by email.
Teachers Union Objects To L.A. School District's New Evaluation Plan [Los Angeles Times, 5/7/11]: The union representing Los Angeles teachers is pursuing a legal challenge to a key early step in creating a new teacher evaluation system that includes the use of student scores on standardized tests, union officials said Friday.
Pension Study: Teachers' Benefits Are Modest [Ventura Star, 5/7/11]: An economic research firm hired to produce data that could justify an expected initiative campaign to scale back public-employee pensions uncovered what its authors called a surprising finding in its report issued this week: Teachers receive relatively modest pensions and contribute a sizable chunk of their earnings to fund their retirement benefits.
Court Upholds Teacher Firing Over Computer Porn [School Law Blog, 5/5/11]: A federal appeals court has upheld the dismissal of a Wisconsin high school teacher for accessing pornographic images on his school computer, rejecting his claims that his school district retaliated against him for teachers' union activism. The case, from the 7th Circuit, is Zellner v. Herrick.
You can read a blurb about the case from Wired.com's "Threat Level" blog (5/5/11).
School free speech fight [Stockton Record, 5/5/11]: A Bear Creek High teacher is fighting for her students' freedom of speech after the school's principal requested to preview the monthly Bruin Voice newspaper prior to publication.
California weighs shorter school year as budgets wane [Sacramento Bee, 5/4/11]: Children in frigid areas have "snow day" school closures. Could students across sunny California face "budget days" in bad fiscal times?
Fensterwald: Most of 13 parcel taxes passed [Thoughts on Public Education, 5/4/11]: If the threshold for passing a parcel tax were 55 percent, as Sen. Joe Simitian and fellow Democrats in the Legislature favor, a baker’s dozen parcel taxes would have passed on Tuesday. Instead, four fell short of the two-thirds majority needed for passage, including two that came within 1 percent of winning.
Court of Appeal overturns Commission on Professional Competence: Soliciting Sex on CraigsList evidences unfitness to teach [School Law Blog, 5/5/11].
San Diego Unif. School Dist. v. Com. on Prof. Competence (4th District, 5/3/11): Frank Lampedusa was terminated by San Diego Unified School District which alleged that he showed evident unfitness for service and immoral conduct. Specifically, the charges were based upon Lampedusa's posting on Craigslist of an ad soliciting sex that contained graphic photos of his genitalia and anus, as well as obscene written text, that was discovered by a parent and reported to the District. The Commission on Professional Competence reinstated Lamedusa, determining that cause for the dismissal did not exist and reinstating Lampedusa's employment. The Court of Appeal overturned the Commission finding there is no substantial evidence to support the Commission's decision as the evidence shows both evident unfitness to serve as a teacher and that Lampedusa engaged in immoral conduct, either of which constituted grounds for termination.
Educating students in remote areas can be costly [California Watch, 5/3/11]: In some very small schools in remote parts of California, the state is paying about $200,000 per student to educate them.
School Districts Call in Cavalry of Consultants to Push Parcel Taxes [Bay Citizen, 4/29/11]: Bay Area school districts, facing increasingly severe budget problems, are turning en masse to one of the few revenue-raising tools at their disposal: the parcel tax.
Walnut Creek man says school ignored son's bullying [Contra Costa Times, 4/26/11]: A Walnut Creek man says bullies on a school football field injured his son -- and that the school has done little about it. Walter Yuhre's formal complaint against the Acalanes Union High School District says administrators did nothing to prevent or stop the bullying and became indifferent after it occurred.
Teach For America seeks critical mass [Thoughts On Public Education, 4/26/11]: There was a point last week during Wendy Kopp’s appearance at the Commonwealth Club of California in Silicon Valley that smacked of the sort of smugness that, I suspect, makes some veteran teachers cringe when Teach For America (TFA) is mentioned.
Districts Consider Even Shorter School Year [California Watch, 4/26/11]: The likelihood is growing that many school districts will have to cut the number of days students spend in class in response to the state's deepening budget crisis, according to state education leaders and experts.
Court Backs Discipline of Student Over Internet Speech [School Law Blog, 4/25/11]: In a case raising novel issues about student speech rights in the Internet era, a federal appeals court has upheld the discipline of a Connecticut student who had harshly criticized school officials in her Web journal.
Ken Paulson of the First Amendment Center comments. The case is Doninger v. Niehoff.
California weighs shorter school year as budgets wane [Sacramento Bee, 5/4/11]: Children in frigid areas have "snow day" school closures. Could students across sunny California face "budget days" in bad fiscal times?
Fensterwald: Most of 13 parcel taxes passed [Thoughts on Public Education, 5/4/11]: If the threshold for passing a parcel tax were 55 percent, as Sen. Joe Simitian and fellow Democrats in the Legislature favor, a baker’s dozen parcel taxes would have passed on Tuesday. Instead, four fell short of the two-thirds majority needed for passage, including two that came within 1 percent of winning.
Court of Appeal overturns Commission on Professional Competence: Soliciting Sex on CraigsList evidences unfitness to teach [School Law Blog, 5/5/11].
San Diego Unif. School Dist. v. Com. on Prof. Competence (4th District, 5/3/11): Frank Lampedusa was terminated by San Diego Unified School District which alleged that he showed evident unfitness for service and immoral conduct. Specifically, the charges were based upon Lampedusa's posting on Craigslist of an ad soliciting sex that contained graphic photos of his genitalia and anus, as well as obscene written text, that was discovered by a parent and reported to the District. The Commission on Professional Competence reinstated Lamedusa, determining that cause for the dismissal did not exist and reinstating Lampedusa's employment. The Court of Appeal overturned the Commission finding there is no substantial evidence to support the Commission's decision as the evidence shows both evident unfitness to serve as a teacher and that Lampedusa engaged in immoral conduct, either of which constituted grounds for termination.
Educating students in remote areas can be costly [California Watch, 5/3/11]: In some very small schools in remote parts of California, the state is paying about $200,000 per student to educate them.
School Districts Call in Cavalry of Consultants to Push Parcel Taxes [Bay Citizen, 4/29/11]: Bay Area school districts, facing increasingly severe budget problems, are turning en masse to one of the few revenue-raising tools at their disposal: the parcel tax.
Walnut Creek man says school ignored son's bullying [Contra Costa Times, 4/26/11]: A Walnut Creek man says bullies on a school football field injured his son -- and that the school has done little about it. Walter Yuhre's formal complaint against the Acalanes Union High School District says administrators did nothing to prevent or stop the bullying and became indifferent after it occurred.
Teach For America seeks critical mass [Thoughts On Public Education, 4/26/11]: There was a point last week during Wendy Kopp’s appearance at the Commonwealth Club of California in Silicon Valley that smacked of the sort of smugness that, I suspect, makes some veteran teachers cringe when Teach For America (TFA) is mentioned.
Districts Consider Even Shorter School Year [California Watch, 4/26/11]: The likelihood is growing that many school districts will have to cut the number of days students spend in class in response to the state's deepening budget crisis, according to state education leaders and experts.
Court Backs Discipline of Student Over Internet Speech [School Law Blog, 4/25/11]: In a case raising novel issues about student speech rights in the Internet era, a federal appeals court has upheld the discipline of a Connecticut student who had harshly criticized school officials in her Web journal.
Ken Paulson of the First Amendment Center comments. The case is Doninger v. Niehoff.
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