US Department of Education Seeks Your Input on Testing Integrity

In response to recent, highly publicized reports of misconduct by school officials in administering academic tests, the US Department of Education (“DOE”) is seeking input about best practices to facilitate further discussions and to help local and state educational agencies prevent, detect, and respond to irregularities in academic testing. 

Some of the questions posed by the DOE include:

           

(1) Detection: How are testing irregularities generally detected? What are the different types of analyses that can be used to detect testing irregularities?

(2) Investigation: If testing irregularities are detected, what are the best practices for investigating them? What forensic analyses should be used? If alleged testing irregularities are a result of wrongdoing, under what circumstances is it appropriate to impose strict and meaningful sanctions against wrongdoers?

(3) Online and Computer-Based Assessments: In a world where academic assessments are increasingly delivered online and by computer, how do responses to the questions listed above change when applied to online and computer-based assessments?

Written submissions must be received by the DOE by February 16, 2012.   For more information, including the full set of questions posed by the DOE and how to submit your comments, see the DOE’s Request for Information here.

Meghan Covert Russell

Teach Talk with US Department of Education: January 27, 2012

On Friday, January 27 at 4:45pm PST, the US Department of Education (DOE) will host a Twitter discussion regarding how to reshape the culture of American education to better attract, retain and support highly effective teachers. The Twitter discussion will be held in conjunction with a live discussion and will follow a screening of the documentary, “American Teacher,” which chronicles the stories of four teachers.

To participate in the Twitter discussion, log onto Twitter and use the hashtag #TeachTalk.

For more information, visit the DOE’s blog here.

Meghan Covert Russell

January 25, 2012: National Gay-Straight Alliance Day

Today marks the first ever Gay-Straight Alliance Day, as noted on the White House and Department of Education’s (“DOE”) blogs. In recognition of this day, Secretary of Education Arne Duncan has recorded a video message to students, teachers and allies affirming the President’s commitment to safe schools for all students.

Both the federal government and California continue to emphasize the need to combat discrimination, harassment, intimidation and bullying at our schools. In June 2011, the DOE issued a Dear Colleague Letter  addressing the problem of harassment and bullying of lesbian, gay, bisexual, and transgender (“LGBT”) students and encouraging gay-straight alliances at schools. California recently required school districts to expand their anti-harassment policies to include anti bullying. Under AB 9, these policies must prohibit discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Education Code section 220, which include disability, gender, nationality, race or ethnicity, religion, and sexual orientation.

Below is a transcript of Secretary Duncan’s video message:

On the first-ever National Gay-Straight Alliance Day, I want to say thank you to all of the student leaders and faculty advisors who are doing the courageous work of making campuses safe places that are free of bullying and harassment.

Harassment and bullying are serious problems at schools and colleges, especially for lesbian, gay, bisexual, and transgender students. We have to dispel the myth that bullying is just a normal rite of passage, or an inevitable part of growing up.

President Obama and I believe that we have a collective obligation to ensure that all our schools are safe for all children. Every single student deserves the opportunity to learn and grow and achieve their potential, without having to worry about the threat of harassment.

When students are harassed or bullied, it directly affects their work in the classroom, their aspirations for the future, and their desire to stay in school.

Gay-Straight Alliances and similar student groups play an important role in creating welcoming, affirming, and respectful schools and colleges – safe places where learning can happen and students flourish.

This work is absolutely essential.

GSAs are a proven tool for creating welcoming school climates and helping students stay in school.

Our team at the Department of Education is committed to giving school districts guidance on providing all students, including LGBT, gender nonconforming students, and their allies, a safe place to learn, meet, share experiences, and discuss matters that are important to them. These are goals that our Administration takes very seriously.

This day is an opportunity to recognize the importance of Gay-Straight Alliances in schools across America. On behalf of President Obama, I want to thank you for your hard work, your leadership, and your courage. Your work makes a difference – so keep it up.

Meghan Covert Russell

Supreme Court Declines to Hear Cases on Student Speech

The US Supreme Court recently declined to hear three court of appeals cases dealing with the scope of school administrators' authority to discipline students for off-campus online speech. The Third Circuit's two rulings that students could not be disciplined for off-campus online postings that ridiculed the principals (Blue Mountain School District v. Snyder and Layshock v. Hermitage School District), and the Fourth Circuit's ruling that a student could be disciplined for her off-campus online postings that constituted harassment and bullying of a fellow student (Kowalski v. Berkeley County Schools) will stand.

The standard by the US Supreme Court remains unclear for disciplining students for off-campus internet speech. However, these circuit cases can be grouped into two apparent categories: (1) speech parodying school administrators and (2) speech targeting a fellow student. Although neither the Third or Fourth Circuit are binding on California courts, it appears that courts are more willing to uphold discipline of students where it constitutes bullying or harassment of a fellow student, and less willing to uphold discipline where it targets a school administrator.

For more information, please refer to our Legal Alert

Meghan Covert Russell

Heads Up! Revise Your District’s Anti-Harassment Policies to Include Anti-Bullying By July 2012

AB 9, which amends and adds to Education Code section 234 et seq., requires school district policies to prohibit discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Education Code section 220 (including disability, gender, nationality, race or ethnicity, religion, and sexual orientation). Existing law requires district policies to address discrimination and harassment – as of July 1, 2012, these policies also have to explicitly address intimidation and bullying based on perceived characteristics. The policies must also include a statement that they apply to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.

AB 9 also sets forth a more detailed process for dealing with complaints of discrimination, harassment, intimidation or bullying based on perceived protected characteristics. The complaint process must include, but is not limited to:

1. A requirement that school personnel must take immediate steps to intervene, when safe, if they witness an act of discrimination, harassment, intimidation or bullying.

2. A timeline to investigate and resolve complaints.

3. An appeal process.

4. Forms developed pursuant to this process must be translated.

These policies must be publicized to students, parents, employees, agents of the governing board, and to the general public.

Districts should examine their existing anti-harassment policies and make sure they comply with the new requirements of AB 9 before July 1, 2012.

The chaptered bill can be accessed here.

Meghan Covert Russell

Join KMTG Attorneys at ACSA Every Child Counts Symposium!

Today, January 11, begins the 2012 Association of California School Administrators (ACSA) Every Child Counts Symposium at the Portola Hotel and Spa in Monterey. This annual event is hosted by ACSA’s Student Services and Special Education Council. This year several KMTG attorneys were selected as speakers and panel participants, including Diane Beall on the hot-topics Legal Issues Panel, and Marsha Bedwell and Meghan Covert Russell presenting “Harassment and Bullying: From the School Yard to the Court.” If you are attending the ACSA symposium you won't want to miss these insightful presentations by members of the KMTG Special Education group. We hope to see you there!

Meghan Covert Russell

Students “Like” Social Media

This infographic was created by the ASCD (formerly the Association for Supervision and Curriculum Development) for its report, “Can Social Medial and School Policies be “Friends”?” 

The graphic highlights the number of students who currently use social media and the desire of many of those students to utilize technology at school, such as electronic textbooks and the ability to communicate with teachers. However, the graphic also demonstrates the challenges posed by use of technology and social media at schools, from cyberbullying to cheating. Additional challenges arise when schools discipline students for online speech that takes place off-campus (see additional coverage of this topic, click here).

Districts will continue to struggle with the desire to effectively utilize technology in the classroom while keeping distractions out.

For a PDF of the inforgraphic below, please click on the image. 

Meghan Covert Russell