Education Law

Let’s face it.  The amount of money available to provide services to students with disabilities is a big factor in the types and amounts of services the students receive.

In Pennsylvania, the state Department of Education assumes that 16% of the students in every school district are eligible for special education and provide special education funds based on that number. 

The Community Justice Project, a legal advocacy organization in Harrisburg, has filed a lawsuit based on Pennsylvania’s special education funding formula.  They argue that some districts such as Lancaster have high numbers of special education students while others such as the Mars Area school district have very low numbers. According to Pennlive.com, the special education enrollment in Lancaster is about 25% of the student body while it is only about 5% in the Mars Area School District.

The Community Justice Project attorneys argue that this funding formula results in an inequitable distribution of funds for Pennsylvania’s special education students.

The Court hasn’t ruled yet in this case and the Department of Education isn’t saying much about it. What do you think?  Is the Pennsylvania funding system fair?  Is there a better way?

It’s Wednesday, so it’s politician day here on Education Law. 

Whether or not Senator Clinton is chosen as Senator Obama’s vice presidential candidate, she will continue to have an influential role in the Senate.  She sits on the U.S. Senate Committee on Health, Education, Labor and Pensions.

 As a presidential candidate, Senator Clinton supported universal preschool.  She planned to address the problem of drop outs and to make college more affordable for American families.  She pledged to end No Child Left Behind and to help make schools greener.  She supports adequate funding for quality after school programs.

For more about Senator Clinton’s views please visit her website.

Last January, the New York Department of Education informed school districts that they may not provide special education services to homeschooled students.

Now, the state legislature is reconsidering that position with a bill that was drafted by the NY Department of Education in consultation with homeschooling parents and advocacy organizations.

New York Senate Bill S7490Awould give homeschool students the same rights to special ed services as students enrolled in private schools.  The Assembly has introduced a similar, although not identical, bill.

Homeschool families who have students with special needs plan to lobby the New York Assembly today to try and get a the Senate bill passed and allow services to provided to students.

What are your feelings on this bill?  Should homeschool students be able to receive special education services from the public school?

The Washington Post had an interesting article about single sex classes today.  That, and the Edjurist’s post on the subject last week has got me thinking.

In 2002, No Child Left Behind called single gender classes an innovative tool in improving educational achievement.  In 2006, federal regulations were changed to allow schools to separate the genders as long as the separation was voluntary and substantially equal.

Many public schools, including charter schools in Boston and public schools in the Washington D.C. area, now have single gender classrooms.

While my previous posts have been more of the informative or how to protect your rights nature, I am stepping out of that box today.  I feel strongly that the Supreme Court was correct in its reasoning in Brown v. Board of Education and that separate is inherently unequal.  That should be true whether we are talking about race or gender. 

In my opinion, separating the genders for limited activities such as sex education is a good idea.  Boy Scouts, Girl Scouts and other activities separated by gender serve legitimate purposes and I would be proud to have my kids participate in them.  I did as a kid and I am better for it as an adult.

However, I do not, not even a little bit, support single gender classes in public education.  We need to teach our boys and girls how to operate in a coeducational world.  We need to understand that, in public education, separate is unequal.

Proponents argue that boys and girls learn differently and that teachers can better accommodate their learning styles in single sex classrooms.  I am all for differentiated and individualized instruction.  However, not all girls learn the same way and not all boys learn the same way.  In order to make the most of individualized instruction, educators need to focus on the whole student and not just the student’s gender. 

That is not to say that private schools can not have different standards.  They can and they should but in public education, math, science, English and history should be a coeducational experience.  Uniform standards and teacher qualifications will not make separate be equal.

So, to answer my own question…yes, apparently, right now single sex classroom are legal. However, the ACLU is challenging their legality.  Stay tuned to see if single sex classrooms will remain legal. 

Please feel free to leave comments and let me know what you think.

I heard a story on the local news last night about a town that will be implementing a teacher dress code for the 2008-2009 school year.  The town does not currently have a dress code for teachers.  However, it does have a dress code for students.  Students have been complaining to their parents and administrators that teachers are wearing flip flops and spaghetti strap tops to school - clothes that violate the student dress code.

It seems logical to me that teachers should be held to the same dress standards as students and that a properly crafted dress code for teachers is probably legal.  Like any school policy, administrators need to be sure to craft a clear and reasonable policy that is applied fairly.  The administrators also needs to take into account the realities of school life.  Physical education teachers need to be dressed for athletic activities and elementary school teachers need to be in clothes that are comfortable enough to get down on the floor with their students.  However, if flip flops and spaghetti straps are prohibited for students they should also be prohibited for teachers.

Now, I will not attempt to predict either the Republican or Democratic Vice Presidential Candidate.  However, as you know, each Wednesday I try to highlight a different politician’s views on education.  So, for the next few Wednesdays I will be focusing on potential vice presidential picks.

The first in this series will be Sarah Palin, the Republican governor of Alaska.  Governor Palin supports adequately funding public schools.  She also believes in holding schools accountable.  As a candidate for governor, Ms. Palin supported school choice and expanding vocational opportunities.  She is in favor of quality preschool programs for students who truly need such programs.  She also favors increased parental involvement in education.  Some of her views can be found here.  Be sure to look at McCain’s views on education to see how the two would compliment each other as running mates.

Also, no post about Sarah Palin and her views on educatin would be complete without mentioninggthat she is mother to five children.  Her youngest child was born in April with Downs Syndrome.

I’m often asked this question and, most often, people want to know if a noncustodial parent can access their child’s student record. As is often the case, my answer is that it depends.

The Federal Educational Rights and Privacy Act is the federal law that governs access to student records. It allows parents and certain other parties to view student records.  In addition, many states have regulations governing the confidentiality of student records.  Massachusetts, for example, will allow a noncustodial parent to access a student’s record so long as there is not a court order stating otherwise and as long as that parent’s rights have not been terminated. 

If you have a compelling reason to prevent a noncustodial parent from viewing your child’s educational record then the best thing that you can do is to make that crystal clear for the school district.  Make sure that the court specifically includes your request in its written decision and provide a copy of that to your child’s principal. Ask that a note be placed at the beginning of your child’s record so that no mistakes are made.  School administrators, teachers and secretaries have many students to keep track of and if your child’s situation requires special attention then it in everyone’s best interest that safeguards are put in place so that no mistakes are made.

Yesterday, the House passed a bill authorizing 20 billion dollars to be spent over the next 5 years to help schools “go green” and become more energy efficient and environmentally friendly. The 21st Century Green High-Performing Public Schools Act would modernize school facilities, promote teacher and student health and be more energy efficient. Renovating school buildings to become more energy efficient could also provide important lessons for students about the importance of protecting the environment.

Democrats argue that the bill will reduce illnesses such as asthma and be environmentally beneficial. Some Democratic supporters state that the bill will reduce energy use in school by 35%, carbon monoxide emissions by 40% and water consumption by 30%.

Republicans, including President Bush, see the bill as a federal intrusion into education.  President Bush has threatened to veto the bill if it passes the Senate.

Schools would phase in the requirements and be required to use 90% of the funds associated with this bill for the stated purpose by 2013.

What do you think about this bill? Please leave a comment and let me know! I’m interested in hearing your thoughts.

Last week I highlighted John McCain’s views on education. Now, in light of Barach Obama’s presumptive nomination, it is time to look at his stand on education.

Mr. Obama has a Zero to Five plan to provide support to young children and their parents. He is in favor of expanding Early Head Start and Head Start programs.

For the K -12 students, Mr. Obama supports funding the No Child Left Behind Law and revising the assessment process. He does not believe that teachers should be spending the school year teaching for a test. Mr. Obama states that he will make math and science a national priority and that he will address the drop out crisis. After school programs and summer learning opportunities are also part of his plan to close the learning gap.

Another key element of Obama’s plan is to help train, recruit and reward teachers through scholarships and other initiatives.

More information about Obama’s plans can be found on his website.

State Departments of Education often have model curriculum frameworks and required learning hours for students in core areas. Physical education is no exception.

Right or wrong,in hard economic times, like much of the country, is currently experiencing, things such as art, music and physical education are reduced in the schools so that the schools can hire enough staff for core subjects.

In Florida this week, Governor Charlie Crist has signed a bill requiring Florida elementary schools to provide 30 minutes of continuous physical exercise a day for their students. It also requires middle schools to offer daily physical education to students beginning in the 2009-2010 school year.

It is a worthwhile goal but will the schools have the money to carry out the new requirements and, if they do, will it be at the expense of other programs?