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Showing posts with label Ed Law. Show all posts
Showing posts with label Ed Law. Show all posts

6.30.2015

The Significance of the Tennessee School Finance Decision.

The Supreme Court of Tennessee, in "Tennessee Small School Systems, Inc. v. McWherter," declared that Tennessee's method of financing its public schools violated the state constitution. The court's mode of analysis relies on the state equal protection clause rather than the state education clause. Examines implications for school finance cases in other states. (93 footnotes) (MLF)
West's Education Law Quarterly, v3 n1 p66-81 Jan 1994

Country v. Town: School Finance Reform in Tennessee.

Three conference papers on school finance reform in Tennessee are presented in this document, with a focus on the disparities between rural and urban public school funding. The first paper examines the nature and size of contributions of various funding sources to the per-pupil revenue in local school districts, analyzes specific problems of the Tennessee Foundation Program (TFP), and investigates state categorical support. The second paper presents an overview of state legislation challenging the TFP's constitutionality. The declaratory judgment handed down in "Tennessee Small School Systems v. McWherter" (1978) held that Tennessee school funding was not uniform and was therefore in violation of the equal protection provisions in the state constitution. The third paper determines the extent to which the TFP equalized funding for all districts and concludes that none of the 1979 Tennessee School Finance Equity Study's recommendations have been implemented. Problems of the TFP included inadequate appropriations, inadequate state funding, and failure to keep up with inflation. References and tables are included with each article. (LMI)

Hirth, Marilyn A.; And Others

6.14.2015

TN teachers would lose money under pay plan, critics say

Article Via: June 21, 2013 - By Lisa Fingeroot, The Tennessean




Tennessee teachers marshaled their forces and House Democrats hurled insults at Education Commissioner Kevin Huffman on Thursday over concerns that teachers will lose money if the state adopts a controversial plan today to require merit pay.

The pay plan, part of a drive to boost student test scores, would eliminate traditional salary increases for teachers based solely on years of experience and advanced degrees. The state Board of Education is expected to approve it today.
Members already gave the proposal a nod of approval in April when Huffman presented it.

The Tennessee Education Association, the state's only teacher union and largest professional organization, opposed the pay plan from the beginning and has been assembling a group to show opposition at today's meeting. TEA also has been distributing a pay chart supporting its claim that teachers would lose money under the plan.

House Democrats amped up the opposition Thursday when they called a news conference to oppose the plan and throw their support behind the union.

"It's hard to find a commissioner in the history of Tennessee that has assembled a more broad track record of complete failure than Commissioner Huffman," said state Rep. Mike Stewart, a Democrat from Nashville. "Everything this guy has done - every experiment he has tried has so far - has ended in failure, so it's shocking that we would still be listening to this same person."

Stewart was joined by several other Democrats, including state Rep. Gloria Johnson, a teacher from Knoxville, who said she vehemently opposes the pay plan because it eliminates most raises for years of experience and advanced degrees. That's like breaking a promise made to teachers who have been working for years on getting advanced degrees, the Democrats said.

Johnson said many experienced teachers also worry that bonuses would be unfairly distributed.
Huffman responded to the criticism in a written statement. "It is unfortunate that some groups and elected officials are presenting inaccurate information," he wrote. "It is against Tennessee law for any school district to cut a teacher's pay. Additionally, this administration has added more than $130 million in state money for teacher salaries over the past three years. We will continue to look for ways to increase teacher pay, decrease state mandates, and increase local control of school decisions."
Under the plan, no teacher could earn less than he or she currently earns, and the step pay raises usually received at six years and 11 years of experience are included as safeguards.

Huffman said the plan is not a pure merit pay plan because each district can determine how it will differentiate pay. For example, Tennessee certified only 50 chemistry teachers last year, and districts might use a larger salary to attract a chemistry teacher.

While the TEA's chart shows the state-mandated base pay of teachers staying almost flat except for the two step increases, it does not include any amounts for the bonuses and raises that could be earned under Huffman's plan.

Mixed reaction from teachers Teachers from Trousdale County, where a differentiated plan is being piloted, expressed support for the way they are paid.

"I think it's a great plan," said fourth-grade teacher Chris Freeman. "I think it rewards teachers for doing a superb job. It's tailor-made for me. I'm in charge of my own destiny. I control my own children and my own scores."

His colleague, Laura Wilson, chose not to join the alternative plan. "I was scared to take a risk," she said. She admits to being disappointed, however, when she realized she lost about $4,000 in bonuses by not being in the plan.

Rutherford County special education teacher Jennifer Tidwell is so concerned about all the changes being made for teachers that she is considering another profession.

"It's like you're running and kicking sand and not getting anywhere," she said. "They keep moving the goal."

Tidwell's students tend to have individual education plans that can include very simple tasks that cannot be tested. She worries that her achievements might go undocumented for determining pay raises.

"That's what I am kind of afraid of," she said. "I don't have a problem with merit pay, but I have a problem with the way (achievement is) measured."

In Trousdale County, special education teachers are hard to find, so they are rewarded with a bonus every year for working in the system. High school chemistry and physics teachers also are rewarded.
"We're kind of like a guinea pig," said system Director Clint Satterfield. "I think the main goal is to improve teacher quality, because if we improve the quality of the teacher, we will improve the outcome for students."

State of Tennessee: Individuals With Disabilities Act (IDEA)


The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.


State of Tennessee IDEA

National IDEA

CAP brief: A federal loophole that shortchanges poor schools



Article Via: Washington Post, Lyndsey Layton, March 11, 2015.

As Congress debates how to best distribute federal funds to help states educate poor children, a new brief from the Center for American Progress argues that the current program, known as Title 1, has structural flaws that undermine its purpose.

A lot of money is at stake — currently, the federal government sends about $14.6 billion annually to high-poverty K-12 schools nationwide.

Title 1, a central feature of the Elementary and Secondary Education Act of 1965, was designed to level the playing field so that poor children receive the same opportunities as affluent children. Federal lawmakers who created the program didn’t want states to use federal dollars in place of state and local dollars in high-poverty schools; they wanted the federal funds to be used in addition, to provide the kinds of extra programs and services that would help poor children catch up to their wealthier peers.

So they required “comparability” — states and local districts must evenly spread their dollars across schools within a community in order to be eligible for federal Title 1 dollars for their high-poverty schools.

The problem, according to analysts at the Center for American Progress and elsewhere, is that most school districts don’t perform actual school-by-school budget comparisons, instead using average costs that can mask significant variations between schools within a district. What’s more, federal law prohibits districts from using actual expenditures to calculate comparability.

The problem is apparent, the analysts say, when you consider that Title 1 schools tend to be staffed with less-experienced teachers than more affluent schools. More-experienced teachers generally earn higher salaries than newcomers to the field, so districts frequently spend more on teacher salaries in affluent schools than in high-poverty schools.

The Center for American Progress is a left-leaning think tank that is closely associated with the Obama administration. Robert Hanna, Max Marchitello and Catherine Brown at CAP examined data from 95,000 public schools collected by the Education Department during the 2011-2012 school year. They compared how districts fund schools that are eligible for Title I dollars with other schools in their grade span — elementary, middle or high school grades. The trio found “vast disparities throughout the country in how districts spend state and local dollars on Title I schools.”
Among their findings:
  • More than 4.5 million low-income students attend inequitably funded Title I schools. In most states, there are tens of thousands of students from low-income households who attend Title I schools that are not funded equitably relative to other schools in their district.
  • These inequitably funded schools receive about $1,200 less per student than comparison schools in their districts, on average, but actual amounts vary. In Fort Worth, for example, inequitably funded Title I schools receive about $2,600 less per student. In some districts, the disparities are even wider. In Santa Fe, New Mexico, inequitably funded Title I schools receive about $4,900 less than other schools. If these gaps were closed, inequitably funded schools in Texas would receive an additional $1.6 billion annually, and in New Mexico, they would have an additional $65 million.
  • If the federal loophole were closed, high-poverty schools would receive about $8.5 billion in new funds each year, nationwide.
As Congress works on an overdue remake of No Child Left Behind, the most current iteration of the Elementary and Secondary Education Act of 1965, lawmakers ought to close the comparability loophole, the CAP analysts say. States and districts ought to be required to fund their Title 1 schools at the same level as their more affluent schools, based on actual spending, according to CAP.

Amendments in Arizona


PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1172

(Reference to Senate engrossed bill)


Page 1, between lines 1 and 2, insert:
"Section 1.  Section 15-511, Arizona Revised Statutes, is amended to read:
15-511.  Use of school district or charter school resources or employees to influence elections; prohibition; civil penalty; definitions

A.  A person acting on behalf of a school district or a person who aids another person acting on behalf of a school district shall not spend or use school district or charter school resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the school district or charter school, for the purpose of influencing the outcomes of elections or to advocate support for or opposition to pending or proposed legislation. Notwithstanding this section, a school district may distribute informational reports on a proposed budget override election as provided in section 15‑481, subsections B and C or informational reports on a proposed bond election as provided in section 15‑491, subsection D if those informational reports present factual information in a neutral manner, except for those arguments presented as prescribed in section 15-481, subsection B, paragraph 9.  Nothing in this section precludes a school district from reporting on official actions of the governing board.

B.  This section does not prohibit the use of school district or charter school resources, including facilities and equipment, for government‑sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints.  The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate. 

C.  An employee of a school district or charter school who is acting as an agent of or working in an official capacity for the school district or charter school may not give pupils written materials to influence the outcome of an election or to advocate support for or opposition to pending or proposed legislation.

D.  Employees of a school district or charter school may not use the authority of their positions to influence the vote or political activities of any subordinate employee.

E.  Notwithstanding section 15‑342, paragraph 8, a school district shall not spend monies for membership in an association that attempts to influence the outcome of an election.  

F.  Nothing contained in this section shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.

G.  The attorney general shall publish and distribute to school districts and charter schools a detailed guideline regarding activities prohibited under this section.  The attorney general may distribute these guidelines through a website or electronically.

H.  The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section.  

I.  For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the school district budget against a person who knowingly violates or a person who knowingly aids another person in violating this section.  The person determined to be out of compliance with this section shall be responsible for the payment of all penalties and misused funds.  School district funds or insurance payments shall not be used to pay these penalties or misused funds.  All misused funds collected pursuant to this section shall be returned to the school district or charter school whose funds were misused.

J.  An attorney acting on behalf of a public school may request a legal opinion of the county attorney or attorney general as to whether a proposed use of school district resources would violate this section.

K.  All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section.  All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.

L.  For the purposes of this section:
1.  "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.
2.  "Influencing the outcomes of elections" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.
3.  "Misused funds" means school district monies or resources used unlawfully pursuant to this section."
Renumber to conform

Amend title to conform


                                                JAY LAWRENCE


1172-p1-lawrence
3/16/15
3:40 PM
H:ajs

Parents all over U.S. 'opting out' of standardized student testing

Via: CNN Digital Correspondent Kelly Wallace - April 24, 2015



Since one of my daughters is taking the public school state tests for the first time this year, I thought I paid fairly close attention to the debate surrounding the tests themselves, and the concern that schools are too focused on "teaching to the test."

 The high-stakes of standardized tests

I heard that some parents might engage in a form of civil disobedience and "opt out" -- they would refuse to let their children take the tests. I thought only a few were making that stand.
But then I learned from a friend whose daughter attends a Long Island school that only two kids in her third-grade class took the test. That means 20 or more of her classmates didn't. 

I saw local media reports about similar stories in other schools on Long Island, in New York City and its surrounding areas, and in upstate New York.

Something bigger is going on, I thought.

Just how many students opt out this year won't officially be known until this summer when the state education department releases test scores. But, according to one of the groups leading the opt-out movement here -- the New York State Allies for Public Education -- 156,000 students refused to take this week's English exam, and that's with just from 50% of the districts reporting their numbers.

With approximately 1.1 million students eligible to take the tests in grades 3-8 in New York, that means at least 14% of students are projected to sit out this year. According to the state education department, last year about 49,000 (4%) didn't have a known valid reason for not taking the English test and 67,000 (6%) didn't take the math exam.

"I'm ecstatic," said Bianca Tanis, a co-founder of the New York opt-out group. "I guess I'm not really surprised, because I think we could all feel this coming."


"For the past two years, parents have been lobbying the governor, the Board of Regents, the legislature, demanding a reduction in high-stakes testing, demanding to have their classrooms be returned and we've been ignored, and enough is enough," said Tanis. Her children, ages 10 and 14, are not taking the tests.

Adding to parents' anger and frustration were reforms pushed by Gov. Andrew Cuomo that would evaluate teachers more heavily based on test scores.

"So we were really left with no choice," Tanis said. "Rather than responding to parent concerns, he doubled down on the use of testing."

The Board of Regents says the tests provide an "important source of objective information" to see where students are and what help they need but should never be the only measure of students' progress.

"Those who call for 'opting out' really want New York to 'opt out' of information that can help parents and teachers understand how well students are doing," said Merryl Tisch, chancellor of the Board of Regents, in a recent statement.

"We cannot go back to ignoring the needs of our children. It's time to stop making noise to protect the adults and start speaking up for the students," Tisch said.

Opting out across the country
New York is not an isolated case. Examples of the fallout from rigorous annual testing are popping up nationwide.

Earlier this week, some Atlanta educators were sentenced to prison time after a massive cheating scandal. Administrators and teachers were convicted of racketeering and other crimes related to inflating test scores of students from struggling schools.

In New Jersey, lawmakers recently approved a measure that would require schools to accommodate parents who opt out of testing by providing alternative activities such as independent reading for their children.

And in Indiana, the state's 2015 superintendent of the year recommended that parents home-school their children during the testing weeks instead of having them take the tests.

"We've heard from almost every state in the country there's opting out going on," said Monty Neill, executive director of the testing reform advocacy group FairTest. "Last year, we probably heard from half."

Neill chalks up the growing movement to an increasing number of parents who believe there's too much testing and that's it's not educationally helpful.

"There've been a number of surveys in states as well as national surveys that are showing (frustration with testing) as a reaction among parents and the public generally, so there's a sense that this testing has just gone round the bend," said Neill, a former educator and school administrator who has been leading FairTest for nearly 28 years.

Also in the mix are parents' frustration with more rigorous academic standards called Common Core, which have been implemented in 46 states and the District of Columbia, and upon which the state tests are based.

Tanis, who is also a special education teacher, said there is "no flexibility" in the standards. And, she says, given the high stakes of the testing, "you are saying to teachers, OK, you have to fit in all these standards by April, and so the test starts driving the pace of instruction."

Speaking out on social media 

When I posted on my Facebook page that I was interested in hearing from parents who opted out and promised I would share their comments without identifying them, I got an earful: They say the tests are developmentally inappropriate, too long and difficult, and shouldn't be used to evaluate teachers.


"To me we are setting our kids up to fail. The reading passages are three levels above the child's current grade level," said a teacher and a mom of two who has opted out her kids for the past two years. "Many teachers have posted that their students were crying because they did not have enough time to finish the test and bubbled in random answers."

Another mom of two, who also opted out, argued that the tests don't benefit the children -- they only benefit the industry behind Common Core and the tests themselves.

"Unfortunately, these tests have nothing to do with determining the effectiveness of teachers," she said. "The more research I did, the more disgusted I became. It's all about money and our kids are pawns. It's very scary and it's unfolding before our eyes."

Tanis, the New York opt-out group leader, said the movement is not "anti-testing. We are anti-these tests."

Tanis said she got involved in the movement after she tried to keep her younger son, who has autism, from taking the test two years ago. 

While he loved school and had terrific teachers, he was still far below grade level and she didn't think it made sense to put a test in front of him that he couldn't read, "let alone even cognitively understand exactly why he was being given a test that was so far above his grade level."

She said that at every turn, she was told her son was absolutely obligated to take the test. The law is the law, she was told. It wasn't until other parents started refusing to have their children take it that she felt free, too, to refuse for her son.


"I think the awareness of how flawed these tests are, and the ramifications, have taken time for everybody to understand ... but the fact that these tests are abusive for students with disabilities and English language learners was really easy for people to see."

To that point, Tisch, of the New York State Board of Regents, has said that the tests actually help the most vulnerable children in our schools, whose needs were too often disregarded in years past.

"Without an objective measure of their progress, it was easy to deny special education students and English-language learners the extra resources they need," she said. "Opting out could cost us much of the progress we have made and damage the work that still needs to be done for our most vulnerable students."

In the middle of the debate are parents and teachers who feel there could be improvement to the Common Core and that schools should not be teaching to the test, while also believing the standards and the tests help kids learn to solve problems and think in ways many of us didn't when we were growing up.

"It's really a way of making children think for themselves and have teachers speak less and students become more responsible for their learning," said a teacher and a mom of two who didn't want to be identified. "I feel the teaching has become better because of what's expected. Where we go wrong is understanding that the Common Core is a guideline and we still have to meet the needs of the students where they are academically."

She also said parents -- rather than educators -- too often are the ones putting too much stress on students about the test.

What happens if students don't take the tests?

Under federal regulations, if fewer than 95% of students at a school participate in the state tests, that school could lose federal funding, according to the New York State Department of Education.
That message was reportedly conveyed by some school districts in letters to parents that said state aid could be withheld if too many children boycott the tests.

But Neill of FairTest says people don't believe that will ever happen.
"They don't believe the loss of federal money because it's basically not really true," he said. In fact, no school district to date in New York has lost money for not meeting the 95% requirement for student testing, according to a state education department spokesperson.
"They're trying to basically bully parents into toeing the line and at least in a lot of places, it's not working," Neill said.

How can we compete globally?

I posed the question to Tanis: If we don't have difficult tests and tough standards, how will we compete globally, against children from countries where rigor is the norm?

The United States has the largest number of patents per capita in the world, she noted. "So we are an extremely innovative society, and the system that they're imposing diminishes innovation, diminishes creativity." 

That may be the heart of the debate -- a debate that is likely only going to intensify because the opt-out movement is gaining in strength, and that means at some point lawmakers may have to start listening.

Do you think there is now too much of an emphasis on testing in public schools? Share your thoughts with Kelly Wallace on Twitter or CNN Living on Facebook.