Desegregation

· Separate but “Equal” (Plessy, 1896)

· 1st (whites) and 2nd (blacks) class railroad cars - same price, 2nd car much worse - ^Plessy challenged this, thrown off train and sued

· If you outlaw segregation, you’re forcing the two races together

· You can’t change southern white opinion by a court case

· Schools - not equal in length and teacher salaries, 2% of southern blacks are voting

· Discrimination - Early to Mid 20th Century

· De Facto - Segregation often happens by where people live (black families not shown a house) prejudice, Levittown refuse to sell to black families

· Informal discrimination by owners of hotels and restaurants

· Brown (1954) and Brown II (1955)

· Arguing that separation is inherently unequal regardless of the facilities, labels them as inferior

· The district will determine who segregates/when

· Resistance to Desegregation in North (Mid to Late 50s)

· College level - 1950 - the judge said Del State is NOT equal to UD...until it is students should be admitted

· Any teach who integrates can be fired in some states

· Score raised on the national teacher exam-black teachers would be dismissed or have lower salaries

· Southern Resistance (Little Rock 1957)

· Congress passes southern rights bill - demonstrates some change

· Admitted nine black students (middle class, well behaved)

· The Pace of Change Accelerates (Green, 1968)

· Advocacy of Lyndon Johnson - pushed hard for congress to pass meaningful civil rights amendments

· Civil rights leaders growing tired of nonviolent protests, rise of black power, urban riots sparked by confrontation with police, growing impatience

· Green Case - rural county in Virginia, half white half black, students rode school buses to get to their segregated school, district realized that things are changing, families can choose which school they want to attend, did it in good faith, formerly all white school find some black students have applied and been accepted while all black school has no white students after several years, did not choose the most effective solution has burden of choice was put on families, each school had a clear racial identity which persisted after county adopted freedom of choice, school system remains a dual system, court expects school students to eliminate effects of segregation, uproot the old school system and letting parents choose doesn’t transform identity of those schools, get rid of vestiges of segregation

· Formation of magnet schools to change identity by adding different high schools - STANDARD IS HIGHER

· The “Metropolitan Remedy” (Milliken, 1974)

· Milliken - Detroit was overwhelmingly black and segregated, local judge decided to bus students in suburbs to the city and back, segregation was in the city and never proven suburbs were segregated

· Late 1970s, court said Delaware schools need to take steps to uproot old schools and diminish lingering effects of segregation, Schools need to have similar black/white ratio, non discriminatory basis, workshops for faculty and admin, choose sites for schools non racially, court keeps tracks of statistical indicators, delaware districts go back to neighborhood schools (free choice), drawing district lines on the basis of your neighborhood/convenience and not race

· Busing

· Busing for the sake of integration

· White flight - white families either exited the school system or moved to a predominantly white neighborhood

· Politicians campaigned in the opposition of busing, southern governors encouraged to harm black bus tires

· Massive cross town bussing, forced bussing, neighborhoods destroyed by bussing, Most effective way to change composition of schools

· Many black families are ambivalent about bussing, wanted good schools, sit with the whites and you’ll do better

· Busing lead to violent protests in some cities, Boston - blue collar Irish bussed to ghetto schools

· Sense of resentment when busing fell disproportionate on poor families

· Enduring Challenges

· Long history of hispanic segregation, Asian segregation, range of different groups

· Racialism - ascribing a certain trait to a particular groups, “Black men know how to dance”, what a certain group of people is good or not good at, lumps individuals together

· You can have resegregation of voluntarily, bright spots were sports teams as black and white students came together, many advocates of black pride and black power simply want to be together

· Race also refers to social class - we’ve seen that difference between well off and poor have widened

· Learning and education

Affirmative Action (edge or push given to candidates in terms of minority groups)

· The G.I. Bill (1944)

· Near the end of WW2, the gov’t decided that returning troops would receive far more benefits than after previous wars

· Educational benefit - law decided you would receive up to $5000 in monthly allowance and full ride if you went back to college, designed to avoid another depression

· Suprise how many went back to college and how well they did

· Adopted summer classes to cope with 63% of student population being troops at Del, Housing and faculty were granted priority to servicemen

· Servicemen dropout rate was lower and grades were higher than other students

· Unrestricted dollars helped pay for buildings like STAR campus

· 70% of parents hoped their student would go to college -> 70% expected students to go to college (10 years later)

· Ivy League Admissions - 1950s

· 3 applicants for every spot in college, who will get an edge?

· Harvard wanted well-rounded students, large number coming private schools

· Looking for future leaders in America, leaders defined as not the very smartest - we want some true scholars, defined citizens (students who are outgoing, a sort of person would easily get elected to office)

· Who the future leaders will be influenced smarts, we need experts in American, inherited wealth, athletic ability, merit and achievement matters more than personal charm

· Balance shifts towards academics

· Quotas, No; Diversity, Yes (Bakke, 1978)

· Bakke Case said reserved certain number of seats for minorities

· Allan Bakke’s medical school - 16 seats saved for minorities, Bakke had better grades than those 16 and was turned down, reverse discrimination

· Harvard did not set quotas for any type of students

· Each applicant must be treated like an individual, background to Grutter Case (Michigan gave edge to minority candidates, did not have hard and fast quotas, used a holistic judgements, educationally beneficial)

· Court said diversity is promoted as educationally good for everyone

· Discrimination Against Asian Americans Now?

· Looks at extracurriculars, distinction, athletics, recruited athletics where Harvard made the move

· Personal traits was most controversial - based on letters of rec, essays, interviews with admissions officers

· 34% of legacies got in - edge of parents donated, edge if parent were faculty or staff at Harvard, Dean’s Interest List - 30-40 students on list

· Z List - 50-60 students told per year they had to defer a year to attend Harvard

· We don’t consider religion, disabilities, financial need

· Claimed number of asian americans have increased over the years

· Concern now that admission counselors in HS could tailor applications

· Families with resources could have edge in college application process

The 1950s

· International Tensions - Half of federal budget is for defense

· By 1960, we had far more atomic weapons than we have today

· Bomb shelters in basement of schools

· Domestic Complacency- Sense of satisfaction, that life is pretty good

· Blue collar incomes were rising, federal taxes were very high, Boom in suburbs

· Interstate highways make it easy to drive to work

· Air conditioning, dishwashers, dehumidifiers, electric blankets

· Baby Boom - 1946-1953, more and more couples have 2+ children, can buy nice house, more than one car, mom stays at home, Divorce is seen as a big failure, Marriage age - young, women drop out of school since men are the breadwinner, Drugs are unheard of, liquor was stolen but no talk about binge drinking, Smoking cigs and driving fast were pushing the limit

· Music, TV, Recreation

· The young have their own taste and preferences in music, Emergence of black girl groups

· The first TVs - big, bulky, expensive, and unreliable

· Millions of americans are able to afford larger TVs

· 20,000 housewives sold Tupperware

· Americans loved to watch shows about cowboys and frontiers

· Dick Clark’s American Bandstand played music the youth enjoyed

· “Life Adjustment” Assailed

· Learn foreign languages, advanced placement courses, recommitment to academic missions of high schools, wanted to be as diligent as Russian students - Popular, practical courses designed to give you life skills

· Driver’s education remains popular, typing classes

The 1960s

· Political and Social protests

· Vietnam war becomes more and more unpopular - “Domino Theory”: if we lose to Vietnam, we lose to all of Southeast Asia

· Over 500,000 deaths per year in the VW, hard to win war in foreign territory

· More bombs than all of WWII

· Student would have sit-ins on campus and take trips to washington DC, draft cards were burnt

· Iowa court case - tinker children wore black armbands to school to display they did not agree with the war

· Least popular war - retreat from war in 1973

· Escalation of troubles over civil rights, wanted to be more outspoken, “Black Power”, protests by hispanics, native americans, rise of Gay liberation, groups speak out in wake of Vietnam

· Polarization - more people go to liberal and conservative

· The “Counter Culture”

· Young and adults who turn their back on social norms and change the definition of happiness - we want a lot of something now rather than over the span of 70 years

· A sense that a life of more freedom was very appealing

· Music was changing in the 60s, The Beatles, people defined themselves by the music they listened to, targeted to the young

· The rise of readily available, inexpensive weed

· Hair and clothes are changing - people wanted to grow their hair long, bell bottom shirts, tye-dye shirts, beards

· Reliable birth control - less anxiety of shame about pregnancy outside of marriage, Greater sensitivity to feelings - therapy is nothing to be ashamed of, less censorship in movies,

· Hippies and Yippies, protested american politics by being a little funny and goofy, wrote “nobody” on ballot, threatened to put LSD in major water supply

· More people begin to think twice about previous aspirations and values

· Women

· Playboy - women seen as sex objects in the 1960s, satin outfits

· Helen Brown - “Good girls go to heaven; bad girls go everywhere”, got married at 37, took advantage of men, people had a problem with her manipulation of men

· Gloria Steinem - don’t call adult women “girls,” one of her many differences with Helen Brown,

· More of the single sex schools became coed, fear of admitting fewer men

· UD in the 60s/70s

· Traditional campus in early 1960s

· Clear rules about when you had to be back in the dorms, security was alerted and would notify parents if you weren’t found by 2 a.m, dress code in Club Morris, all new faculty had to take a loyalty oath that was notarized

· 1970s- reps of black students demanded more black faculty should be hired

· Concerned about our own education, fewer requirements and more choice, phys ed was dropped, new majors with fewer requirements, honors program, winter session, introduction on coed dorms, needed notarized document to live in Harrington

· The wife of president Trabant got married at 20, decided to go back to earn masters in 60s, 2nd master in 70s, accepted full time job as social worker

The Shopping Mall High School

· Variety, Choice, & Neutrality

· How many schools responded to the high school protests

· Integration in many communities, special ed program, more willing to celebrate diversity, want students to be happy

· Variety in a shopping mall -> amazing array of courses and programs in high schools, pick the english class you want senior year, rise of alternative schools (schools within a school, 75-100 students together most of the day, particular theme, decision making)

· Variety in the sense of different course levels, ability grouping, 3-4 levels of the largest courses, extracurriculars (co-curriculars) could earn credit for graduating

· Social services - sense that it was harder growing up, there are more risks/dangers in front of the young, schools added health center and a daycare facility so young mothers could attend, program to rehabilitate teenage prostitutes, enough variety so everyone could feel they succeeded

· Choice - let’s let students pick and choose, many states eased up on required courses to graduate, colleges eased up on entrance requirements

· Neutrality - schools are reluctant to say what is better than another thing, protests were about clothing/hair length, schools backed off dress code since students took them to court, implemented smoking areas, we can celebrate diversity

· Specialty Shops

· Advanced placements began to expand, Special ed increased due to legislation and court cases, Extracurriculars - female sports took off due to Title 9, Vo-Tech - was it a split day? Located in the HS? Benefited from donations from private industries, Troublemakers

· Admission procedures to get into these five shops, you’ve been chosen, outside allies or advocates

· Teachers - Part of their professional identity, what they’re proud of having accomplished, feel special, Less of the wide open choice from the rest of the “mall”

· The “Unspecial”

· Treaty/understanding between teachers and students - Mrs. Austin, does not require students to do any serious writing, she allows students to eat in class and comb their hair (keep it in bounds, relaxed), she is not a passionate advocate of literature, using your mind is optional and it’s ok to zone out

· Engagement is optional, live and let live treaty

· Purpose, push, personal attention

· 80% of 18 year olds are graduating at this time

· Purpose - faculty would share the purpose of the school, reinforced by peer pressure as it was ok to study,

· Push - people are looking over your shoulder and expecting you to work, school rules on HW rather than teacher’s choice, requirement to play sport even if you’re terrible as being a spectator is a sign of being unspecial, giving teachers enough free time to tutor students after class

· Personal Attention - you could be faceless in the “mall” but opposite in private schools due to small size of schools, avg class size smaller of 15 kids, advisory groups, send home narrative report about student, most important form was college counseling

School Improvement 1980s-Now

· Accomplishments in the 1970s

· Equity - women’s sports multiplied, bilingual schools

· Schools are orderly and safe, parents still concerned about discipline as teachers were more relaxed and informal with students, Academics were not as a high of a priority, Fewer outstanding undergraduates wanted to be teachers

· The shopping mall high school was an ingenious display of diversity, too many of young are not prepared for college and the economy, inflation hit 12%

· Alexander Hamilton was the first secretary general

· Students can do the basics, but not complicated tasks. Students could not figure out tip from bill in a multi-step problem, couldn’t summarize main argument from a longer news article.

· “A Nation at Risk” (1983) - Diagnosis and Remedy

· Academic focus - students not being pushed hard enough, the general track (unspecial) has a lot of students that don’t lead to a specific career.

· Other countries have high expectations as their school years are longer

· Recommendations to states and localities: increase grad requirements to three years of a course, foreign language required, colleges to increase entrance requirements, teachers to assign more HW

· Tone of we need to buckle down and be more serious

· Didn’t talk about costs and teaching methods and what type of science/math, steered away from details of curriculum

· States began to supply more money for education as teacher salaries went up, made education a central political issue, Who’s speaking and how is education compared to the other topics

· Salience - how visible is an issue?

· Better teachers? Restructured schools?

· Raise teacher salaries and hire teachers with degrees in education

· Teach For America - modeled after Peace Corps, identified students to go to six week institute, mid career programs to offer support and advice

· Up the standards for teacher education

· Modeled on other professions - board certified (fellow specialist) you meet our standards, peer review that says certain teachers are excellent

· Tenure, Student-teacher ratio lowered, students need certain number of credits to graduate, curriculum has barely changed

· Restructured - need to rethink old traditions, show certain skills and competency, require senior project, restructure class length, teams of teachers that work together (English+History=American studies), high school partnered with community college to earn credits

· Standards & Assessments

· You make crystal clear what students should learn and then you engage, stipulate in detail what you should know,

· If you monitor how students are doing, you’ll be able to see the black/white differential, marketplace competition, professor Cuban

· Big Hairy Audacious Goals - everyone can bring up their performance, some subjects had no agreements on the standards (history), history classes focused on what divided us (KKK), not enough names, dates, and facts

· Federal gov’t supplied money to draft voluntary standards, backed off from initial draft

· To what extent should you be allowed to use a calculator? Word problems? Blocks and sticks to learn math?

· How does a 5 or 6 year old learn how to read?

· Some people said that schools with less money doesn’t have the same opportunity to reach these standards

Choice

· Catholic Schools, 1950s-Now

· 1950s- 40% of catholic children went to catholic schools

· Small, modest in appearance, keep cost down, single sex to not encourage dating, first period class was about memorizing catholic doctorate, large classes as catholics prided themselves on being able to educate 40+ students at one time, did not try to offer a wide range of tracks and programs, teachers upheld morals and felt free to use corporal punishment

· Half of the factory are lay teachers, lower than public school salaries

· More co-ed by the 1990s, quarter of families are not catholic, course about ethics and caring, discipline was not as harsh but clear schools rules and you can’t be expelled, fear is not as obvious as it was, common effort to create a sense of community, curriculum is narrower than a public HS, more room for discussion, school uniform makes perfectly good sense

· Charter Schools (1990-Now)

· Public school that receives taxpayer money, faith in the free market, not required to have a particular emphasis in your school, some focused on business and technology, public safety, arts

· Most charter schools were brand new and not converted from previous schools, not affiliated with other schools, some parts of national chains,

· Small, average size of 300, far fewer teachers in CS belonged to unions, get certain amount of flexibility from states

· Particular/clear goals and focus, high expectations of everyone, no excuses culture, faculty works hard and wants to be there, putting in more time on task

· If you have a sibling in the school, have to show interest in field of study,

· Safety and happiness are top two considerations

· No tenure, no unions, one year contract for everyone

· Home Schooling (1980s-Now)

· Arises due to small groups that say public schools are no good, homeschooling defies public schools rules and regulations, public schools no longer emphasize values

· Slow, steady growth in homeschooling, state matter,

· Biggest variable is cost, can you give up income to teach at home

· Will it become easier to homeschool with technology since ¾ of parents have no training as teachers?

· The Expansion of Federal Activity in Education

· Education tucked inside the department of interior, national groups that had no connection to the gov’t

· Women’s Christians Temperance Movement pushed to teach values of abstinence and negative effects alcoholism

· School lunches helped farmers, money for native american children’s education, however budget was small

· 1960s- LBJ urged federal gov’t to help impoverish districts by giving a boost to those who need resources, equity and fairness

· Head Start - designed for children in low income families, enriched daycare that targets academics and health

· Loans to college students - avg debt of $28,000

· Fair amount of money available for research, 10-20 special programs to test new ideas and reforms

· Many programs revolving around drug-free schools, educational technology

· State Dept. in Delaware funded by federal dollars

· SAT and ACT are non profit- exert a national influence on education

· No Child Left Behind (2001) & Race to the Top (2009)

· State gov’t stepped in, but federal gov’t set requirements. State gov’t set standards, grades 3-8 and once in high school tested in reading and math every year, test scores to be looked at and shown to particular groups (stats by race), law about equity and Bush campaigned that he was fighting the soft bigotry of soft expectations, have to make yearly progress, weaker schools can be restructured as teachers could lose their job and students can receive free tutoring or transfer to other schools, Schools need to base research on scientific laws, more emphasis on statistics

· Race to the Top - expectation is that achievement gap will be narrowed, discrepancy is narrowing over time, interventions for the weakest schools

· The History of School Lunch

· Even poor kids had to pay for lunch at first but it is now free

· Free and reduced lunch - income of 27,000 (free), 30,000 (reduced)

· Discrepancy about what counts as a fruit, vegetable, junk food

· ⅓ of american children overweight, 40% of calories eaten at school

· Michelle Obama - double vegetable, milk fat free, cup of fruit, less sodium and salt, Gov’t supplies beef to the schools, Example of growth of popular federal program

R17 - Brown v Board of Education

· Reading question: What evidence did the Court rely on to overturn Plessy (1896)

· The decision declared that separate educational facilities for white and African American students were inherently unequal. It thus rejected as inapplicable to public education the “separate but equal” doctrine

R18 - Green v. New Kent County

· Reading question: Why was freedom of choice rejected as a way to end segregation

· Only a few African American students transferred to New Kent and no white students transferred to George W. Watkins.

· Did not successfully integrate the school systems and segregation was still very much prevalent.

R19 -

· The University of Michigan would not have won the Grutter case if its admission office had done the following:

· Not had a race-blind admission

· Advise a bright Asian-American 16-year-old what s/he should do to maximize the chances of getting accepted by Harvard:

· They could pick a major not as popular, focus on athletics/extracurriculars that you would succeed in.

R20 - Blooming: A Small-Town Girlhood

· more differences between the 20’s and 50’s as ignorance seemed to be promoted, and sex education and risky behavior were not as prevalent as they were in the roaring 20’s

R22- Tinker v. Des Moines

· The Supreme Court held that the armbands represented pure speech that is separate from the actions or conduct of those participating in it.

· The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. - R23- Unspecial were just “average” so they took average classes

Freedom of Religion ( Imprimatur- seal of approval - Proselytize- not trying to convince or suay - Captive Audience- people that are required to be in a place that have to listen)

School Prayer: Every morning students will stand and stay a specific prayer, if a parent sent a written request, the student did not have to participate; The court said you can’t do it, sanctioning religion, schools are an agent of the state; Bible reading, state promoting religion; Alabama would set time in morning for meditation and prayer, but aren't allowed to call it prayer so they can say a minute of silence

Lee (1992): On one special occasion, high school graduation, open and close ceremony by clergy, making sure that it doesn’t go against a students religion; Can't burden people who don’t believe in a religion, it would be awkward to leave in the middle and come back in

Sante Fe (2000): Let the students vote on whether they want an opening religious speech, and pick a student to give it; The court said no, this prayer is authorized by school policy and sponsored by school on school property at a school event; People that are at the event have to be there; Cheerleaders had banner with religious thing on it, can't do that its a school event

Religion in the Curriculum

- Mandatory high school course requires a course on puritan theology

- Schools can offer courses in history of world religion and approach religion as philosophy

- Can't do it to try to shape the morals of the students

- Some topics have been controversial, some school want to push to teach creationism alongside evolution

- Overwhelming consensus is evolution among scientists

- Parents said okay maybe we won't win that fight but we dont like whats assigned in our children's classes

- Simply being exposed to an idea in class is the same as being encouraged to believe in it

- Objected the wizard of oz; Fairytales are out, harry potter

- Some first and second grade stories are unacceptable because they proposed disobedience to their parent; Goldilock and three bears - no good

- Court said you don't have the right to pick what's in the curriculum; Parents don't have veto power over curriculum

School Buildings

- Almost 20 years ago, two students gunman that killed 13 classmates in colorado, the school wanted to commemorate the victims and sponsored a project where families would make tiles that would become a permanent part of building and some of them were religious messages. Is this acceptable? This is what the families wanted. Court said it is school sponsored speech, permanent part of building, they said no

- Since 1963 in the auditorium there had been plaque in the class, had school prayer, very general message to do well, the plaque itself says nothing about religion accept for school prayer and our father, a lot of criticism, why is it that one person can make an issue and can overturn what the community had supported for many years

Expression Allowed

- Pray at lunch, even its out loud → yes, as long as ur not preaching to other students

- Can you bring a bible to school and read it on free time → yes; Can you pass out religious material→ depends on certain rules a school has on passing out things at club events

- Student wear a t-shirt with religious message → protected, yes; Teacher to wear a religious t-shirt → no; Hate speech t-shirt → no

- Student turns in a test with the letters JJM at the top of the page to promote assistance → yes

Equal Access Act (1984)

- If your school has other student groups that are meeting with no clear relation to the curriculum, like chess club, then the school must allow religious clubs and political clubs as well, but the group cannot have a faculty sponsor, has to be student initiated and student led

- Use of school facilities by religious groups in the community , if the school lets other community groups rent it out, have to let religious groups too

- Cleveland Ohio, families receive school vouchers that they could use at any school in cleveland including religious schools, 80% if parents made use of religious schools in cleveland - Have we crossed the line? 5-4 decision, the majority said that the govt role stops with the distribution of the money, any sponsorship of religion is incidental.

- Legal point of view that argues that sometimes the money helps the student directly and not the school: Bus, the benefit is going directly to the child not the school; Special ed services, directly to the individual child

- At delaware, Muslim student associated tried for years to get space on campus for prayers and worship, they got a reflection room in morris library years later

“In God We Trust”: Playced on money; Became the national motto in 1956, seen as part of our struggle with russia in the cold war, that we were sending a message that we had a religious heritage that our country's past that was connected with religion; Reference to our religious history; Because of this tradition it is patriotic; Saying is on license plates; To mark a solemn or serious occasion, to mark that this is something very very special; Family said whenever I’m using money I’m relaying a religious message, they lost the case; Seems like should have tossed this out if school prayer isn't allowed; Whether a bakery could refuse to sell or bake on request for same sex-gay couple for their marriage, are you allowed to discriminate a customer and appeal to your religious beliefs - In favor of baker

- The amish, our children should not be able to go to school, two amish men filed a lawsuit the city making horses wearing diapers to carry poop, they said it goes against their religion

Freedom of Speech - Freedom of speech is not absolute

Inappropriate Speech

- Tinker case of 1968 - symbolic speech: Did not disrupt the school day, There wasn’t even a basis to predict that might have happened, Can't stifle freedom of speech because it is uncontroversial, Schools may not be totalitarian, school officials do not have absolute authority over the students, Limits - not a blank check

- Matt frazier gave a 6 sentence speech, full of sexual innuendo, not about politics but about student council office: 600 students in auditorium, some yelled and hotted, some stood up, many did not react much. He was punished with 2 day suspension and removed as a speaker from commencement. Students protested this, it was unfair. A purpose of education is to encourage civil mature conduct and this cannot happen in a school where bad speech is being said, cannot tolerate this. Intention was to immerse students not arose them, court said its inconsistent with the type of language and conduct that schools should encourage.

Messages on T-shirts: Schools did not allow hate speech; In one school, national day of silence, student wore a t-shirt that said homosexuality is shameful, that is a form of hate speech, it is derogatory, be happy not gay was fine because was not spiteful. Cannot wear t-shirt that is suggestive, crewed, lewd; High school seniors wore an abercrombie and fitch tshirt to class and on the front was who needs brains when you have these; Sometimes takes a stand on a political issue, picture of george bush and international terrorist; Particular issue- schools today there is zero tolerance on weapons, 13 yr old has a slogan, national rifle association, shooting sports camp on his t-shirt, courts said you cannot ban that, not an invitation to students to urge them to do something illegal or to break school rules; Get in trouble for speech: If it threatens disruption, obscenity - things such as sexual innuendos, speech that is defamatory (says something so wrong, intentionally misleading), fighting words or threats of violence

Student Newspapers: Before 1970s most newspapers has a sponsor to feel free to sensor whatever students wrote; Students began to do underground papers and wrote whatever, to distribute on campus has to follow school regulations; There were two articles that the principal said we have to delete, one about high school student pregnancy, and the impact of divorce on students, he deleted them not because they were controversial but because it wasn't good journalism, pregnancy- easy to know who the three girls were, divorce- one parent identified by name had not been interviewed and just was on daughters thoughts, were written as part of a journalism class, for credit. Court says the newspaper carries the ok from the school, can sensor it.; Family suing the for fumes of school bus, the student said that the public newspapers are talking about it. Court said it was okay, it was good journalism; UD Newspaper: We are independently funded by donations and other stuff don’t have a faculty advisor, review- one columnist wrote delaware undressed about the social and sexual pursuits of undergrads, private landscaping article

Cyber Speech

- Off-campus cyber-speech: Back to tinker-- does it interfere (or threaten to interfere) with day to day activities in the school? Can't just be unpopular or controversial

- What is the “nexus” (connection / link) to the school? Was the cyberspeech created at school or during the school day? Was it created on computers or laptops owned by the school? Was the message designed to reach the schools students and / or staff?

- Donninger Case (2208): Avery donningers blog post when a concert was cancelled, avery went to the school computer lab and accessed her father's email account. Urged recipients to call or email the supt, who soon scolded avery, i was willing to reschedule. What happened? Supt said the blog contained inaccurate and vulgar language, banned her from running for senior class secretary, no captive audience, court says the stronger precedent is tinker.. Uphold the school in the school

- Unacceptable cyber speech: A student website that listed different ways to disrupt class (booing), Violence, even if the student claims it was all a joke, Harassment: targeted particular student, Calling the principal a town drunk, Comparing math teacher to hitler, Claiming that his teachers worshipped satan, Anonymous posts that are maliciously inaccurate, Schools can regulate or ban cell phones but they cant confiscate and then snoop on them,

- Issue arises: High school in colorado, students sexting, over 100 diff students engaged in this practice and they would rate students...Did the students do this as consenting participants or not? Did students circulate pictures without permission?

- Off campus- speech, at a school sponsored event, parade: Several students thought it would be amusing to hold up a 14 foot banner that said bong hits for jesus and the school said this is not appropriate because it promotes illegal drug use

Privacy- In Loco Parentis - Reasonable Cause- weaker, less evidence is needed, schools only need to show this

Probable Cause- what is needed if you go to judge and ask for search warrant

Searches

- Do you need a search warrant if you think a girl has weed in her purse? Early on courts made it clear that you don’t need a search warrant within schools.

- Teachers and administrators should have the same rights as the parents

- If you don’t need a warrant and you don't have parents blank check what type of evidence do you need to search.

- TLO: 2 school girls are smoking in bathroom and teacher catches them, one girl says she was one girl says she wasn’t, one girl had purse searched by teacher, he sees rolling papers and says its for use of weed, he finds a lot in the purse, list of customers and money, she sues and says it went too far. Was the start of the search reasonable? Did the teacher have reasonable cause to start the search?What about the scope of the purse? He just checked out the purse, it was justified at the start and reasonable at scope.

- Are we investigating one particular person or checking out everyone in the school? Are we looking at a rule that has been broken but are we concerned about any type of infraction? How serious is the threat? Is it okay for a school to search your locker? Yes, it is the schools property so they can Told in the school handbook.

- Same thing applies to parking lot, if you park car there giving up some of privacy rights

- Metal detectors in some urban schools, everyone has to go through, courts have upheld this, especially in schools where there is a bad history of weapons

- Invasive search becomes a problem - canine searches to check often for drugs. The dogs will sniff the lockers and other areas, public areas, far more controversial for dog to sniff an individual. Most invasive search is a strip search, student must remove some or all of his clothing, need an individual pointed out, need a particular rule is violated, best to have probable cause.

- Student known to use drugs, he was suspected of carrying drugs during the school day, he was crocheting drugs, the court upheld it, it's in private, someone of same gender, need high evidence for strip searches

- Vernonia: All student athletes are required to give urine samples at start to season and have random samples throughout the season. One student refused because thought it was too invasive, supreme court upheld what school did, athletics are voluntary, they surrender part of privacy when they go out for the team, this promotes the schools fight against drugs, the way they did it was respectful, they were collected discreetly and handled by outside lab and only checked for drugs and kept the results locked up with a key.

5 Examples of Invalid Searches: 1.Strip search, 8th grade students who had prescription strength pain relievers, the school said you can't bring prescription drugs to school, one student is apprehended with pills, I had no idea how that pill got in here maybe my friend put it in, and the friend denies it, check the backpack, they didn't stop there, they made her take off her socks shoes and jacket and then had her further take off clothing. Mother sues school district, at the start of search there was no basis to have justification to do a strip search. 2. Third grade student, 10 years old in florida and was taken from class and given a pregnancy test, urinated into a cup, the test was negative, the school said that they were concerned that she had a large stomach and wanted to intervene for her welfare, the court said no you cannot do that, very invasive, need parents approval. Court said you had other options. 3. Brandywine District, north wilmington, school made a mistake, want to search backpack of fred but we mistaking singled out joe and we searched his backpack and we found a credit card knife and he's not carrying serious weapon but there is a zero tolerance policy on weapons and he is suspended and the parents sue, how can you punish our son of a mistake in the search? The case was settled out of court, and district made it clear they were going to make changes and give time to appeal suspension and not even do a search until a parent will be contacted, trying to honor due process

Student’s Files: The Buckley Amendment (FERPA): Many outsiders could see student files before 1974, In the 60s the FBI and CIA had more access than parents, Teachers wrote subjective opinions- Fred had “peculiar policial ideas”

- School in ohio that said that we want to collect a range of info from each student, filles with details about students and students parents with information that you wouldn’t really need to know, no policy on who can see it

- What rights do parents have? They can inspect their children’s records, Consent before school releases any info to outsiders, School must tell/remind parents of their FERPA rights, When junior turns 18, only he can see the file

- Does FERPA apply it all records? Applies to computer files, not just handwritten, Includes disciplinary infractions but does not include school “police” records, Does not include the notes of teachers, counselors and other staff that are the sole possession of that person and are used as “personal memory aids”, Very conscious of what goes in school file and personal notes. Can you waive the right to see records? Many of you might have done so. Can teachers poke around in student files? Yes, as long as they have legit educational interests in doing so, Every school district must have a written policy specifying WHO has that legut interest - Then how did the new yorker get president bush’s take transcript? He didn't release the transcript, somebody swiped it without permission. Can the state take a look? No pass, no drive law in the state of kentucky..Supt had to tell the Dept of Ed whenever a high schools student was failing or dropped out! License was then remove, court said that violated FERPA. Exceptions: serious health or safety risk

- UDEL policy makes it clear that conduct that proposed a significant risk to safety and wellbeing of others and yourself, your parents can be notified

- Case that made it to supreme court: Students graded each other's papers in class, teacher had each student call out the score in front of entire class and teacher entered it into gradebook. Supreme court said that FERPA protections only begin when it is in gradebook, might be bad teaching practice but not part of teaching files

- Directory Information: Basic Info, often favorable, released to the press and other non profit agencies; Name, address, phone,email, date of birth, sports awards, scholarships; Before releasing it school must tell parents what it considers directory info, parents can refuse to permit its release if they notify school; School has no obligation to supply directory information to outsiders.

- Some results of FERPA: Most schools sanitized their files; Many teachers and counselors keep a second set of records apart from the Official file in the main office; “Consent Forms” and “IRB” for research

When can the U of DE call your parents? Without your written consent, professors can’t talk to parents about you

Can’t post grades outside room for everyone to see anymore and can’t leave a stack of graded papers outside your office

Immoral Conduct

- If you have a felony conviction, 1 year or more prison sentence, drastically reduces odds of being hired and increases being fired.

- Illegal and incompetent

- Late 1960s and 1970s, changing notions of what was appropriate behavior and not

- Affected both teachers and students

- A series of headline articles that spotlight sexual abuse and there is a shock when it is a well known person

- Headline stories: Elementary school teacher married with four children, began an affair with a student in 7th grade, later said i had no idea it was a crime, the student said was pursuer, she is arrested and convicted and gives birth to the students child in prison, she is released on condition no communication with student, back at it again and back in jail, and says they love each other and they end up getting married

- 17 year sentence in the chorus teacher case

- Hard to get reliable stats for the early years

- Recent years have better evidence: 500 cases a year, sexual misconduct; 90% of educators are male, 10% are female

What is the age of consent? 18 or older, mature enough to give consent to relationships and sexual activity; 16 or 17, old enough to give consent if the older person is under the age of 30; 15 -13 , the other person can not be 4 years older than you; 12 is the minimum

- Is the school or college at risk if their employees are doing this?School is only at risk if the administrators knew about the harassment or abuse and they looked the other way and didn't take measures to address the issue

Unprofessional Behavior

- Mr. Herb, married with two sons, teacher and coach in Iowa, he has affair with teacher, they are both married, they are caught, the husband hides in the car and catches them and the school board dismisses Mr. Herb. His competence was not jeopardized with what happened. Was the behavior so offensive that he should be fired? Did not break a law, They didn’t flaunt the relationship, No evidence that this undermined his performance as a teacher

- Unmarried teacher became pregnant, have to go on maternity leave early, not fired, she sued, and she was upheld, didn't want to show a bad example for students

- Incorporate contact with students that might not be sexual but is inappropriate: Teacher plays strip poker with one of students in his car; 14 year old student in teacher’s apartment at midnight against parents wishes; Foreign language teacher dismissed because called student a slut; 5th grade classroom, one of the boys failed to turn in homework the entire week, the teacher hung in on a hook by his shirt and left him there; Summer- teacher smoked weed with two 15 year old students in home; March 2018, in NYC, private school, teacher there for 30+ years is trying to give a vivid demonstration of angle and uses his arm and blurts out hail hitler, the teachers father was jewish, if mel brooks in a movie can do this why can’t i, this is hate speech, he was fired

The Decline of “No Promo Homo”

- How schools react to teachers, administrators, and students who identify as gay, lesbian, and so on

- Before late 1860s most schools shared the view that these people had three strikes against them, sinful behavior, this is illegal, abnormal behavior - listed as a disorder

- Late 60s early 70s things began to change

- 1973- not considered disorder in the manual anymore

- 1970s the national education association adds sexual discrimination to its rules of can’t be done

- Backlash - this is going too far

- If you hire openly gay teachers and refuse to fire, you are promoting gay behavior to the students

- Late 70s into 1980s - more and more states begin to drop those laws outlawing same sex consensual relationship, gay straight alliances in schools

- Encourage tolerance, acceptance outside of school

- More about rights of transgender students today

- Cases: 1. 1980, in elementary school that had taught sex education by showing videos and have discussion, male teacher with boys, how is it possible for two men to have sex a kid asked, he said most people frown on it, and he described sex between two men, he wasn't fired, he did not violate a school rule, the parents complained.

Teacher read stories to class after lunch, king and king, this is part of our schools emphasis on diversity, in Massachusetts, parents complained, court said that the fact that the children were exposed against their religious beliefs, the parents cannot determine the curriculum and it was okay. 2. 1970s- UD, teacher was dismissed that was the faculty advisor for the gay student organization, president trabant- the teacher apparently encouraged gay, he sued, he won. Is the school liable for the harassment of gay students? Did the school know about it and do nothing? The principle told the gay student that it is your fault as much as anyone else's, you should hide it more, the harassers were not disciplined and the court said that the school is willfully indifferent. 3. NY high school, Bronx hs of science, excellent teacher, openly, officer in the north american man boy love association, a group for petifiles, he is not advocating this in his classroom, outside of school behavior but very public and open about membership in the organization, writes articles for the newsletter, Mr. Melzer, making his views known to the public, are you protected because of free speech? Court upheld his dismissal, teacher said he is being treated as people in the past, particular condition is so extreme so he lost his job

Torts: From the Latin word for twisted (tortus); Tort Law covers injuries unrelated to contracts...cases

Duty of Obligation of Care

- Was it part of your job to protect students from injury?

- It applies in school or school-sponsored trips only (unless a teacher assigns homework that entails some risk)

- Greater obligation for younger children

- Was reasonable care used? Was the teacher prudent? Courts know that teachers cannot anticipate everything that MIGHT occur. Could the possibility of injury be foreseen?

- Examples: Fight breaks out in locker room, if coach had any reason to anticipate the fight might occur, threats teacher heard, this case there was no warning/unforeseen; Shooting, students were injured by gang, the school didn’t have any warning to foreseen this occurring; Trampoline accident, land on chest, court says routine move in gym class not dangerous, the trampoline was in good order and the teacher gave instructions

Did the negligence cause the injury? Would careful supervision have prevented the injury? That is, was the failure to use due care the primary cause of the injury?

Did injury result in real harm, not just brief discomfort? Courts don’t welcome lawsuits where the alleged “damage” is trivial. A negligent teacher could still be reprimanded by the school district even if there’s no lawsuit

What about the students? “Contributory negligence” -- if the student’s won carelessness caused the injury, then he is unlikely to prevail in court. But the younger the student, the tougher it is to establish contributory negligence. The “rebuttable presumption” is that kids under 14 are incapable of C.N.

Assumption of Risk

- Especially ins sports, students know the danger involved… and they voluntarily participate

- This is why we often sign forms acknowledging that we know there could be risks in what we will do

- Even so, those release forms don’t exonerate UD if an instructor is negligent

Academic Freedom

- Exercise their judgement to what they say and what they assign their students

- You are entitled to your own opinion but not facts

- English teacher can assign a short story that might be controversial as long as there are good literacy reasons to do it

- Cannot promote your own religious views; Can’t use it for to express of what can be seen as intolerant, hate speech; Can’t set aside the curriculum and do whatever you want; Can’t sell your lesson plans, need to check with the school district to do that

- Many textbooks are bland so not controversial - Only 5 book companies in america, try not to give offense to particular groups

Teacher Unions

- National education association (NEA): began in 19th century, seen as totally inappropriate for educators to belong to a union back then

- American Federation of Teachers (AFT)

- Today, NEA is larger, differences are not very great between the unions: Both are very active politically, Negotiate contracts

- Don’t have to join union, wont have dues deducted if u don’t join

- You will benefit from contract

- Strikes are legal in most but not all states

- Pride themselves on making sure that teachers cannot be dismissed without cause if they have tenure, granted after third year of good performance

- UD-determined at your 6th year

- If a teacher has tenure, and the school says we don’t want your services, that's when the union steps in with advice, legal representation, not easy to fire a tenure teacher.

- Vast majority of teachers don’t get into trouble

Public Law 94-142 (1974)

- Many students were not receiving appropriate services

- Changes taking place in 50s and 60s began to encourage more attention to special ed: Kennedy family, rosemary had severe learning disabilities and they thought they can find a cure

- Growing interest in the 1960s in special ed

- 94-142 Federal Law has a variety provisions: Services have to provide a free appropriate public education - Cant charge parents; Has to be tailored to the individual; Can’t bring them to private facility, obligation of public schools and if they can’t provide it they have to pay for a private placement; Has to be education, rigor varies child to child; Least restrictive environment; Due-process : procedure safeguards, include parents, getting full explanation of due-process rights are, school has to let you know if school wants to evaluate your child; Individualized education plan (IEP) : designed to make sure that the education is appropriate, custom made for individual: Diagnosis has to be done from multiple measures that are unbiased; Updated every year; Goals should be measurable

The Broad Scope of Special Ed

- Special Ed requires traditional plan at age 16 where you lay out plans where to help child reach college and beyond

- Schools can’t say that student is so profoundly awful we can’t do anything

- Doesn’t mean everything counts as disability: Autism was added in 1990; Emotional and Social Issues; Learning Disabilities: gap between underlying ability and demonstrating

- Summertime - how child loses was is lost between the school years

- Private schools - states have to take part of federal money and ir mark it for kids in private schools

- Related Services: 1. Case of a 6 year old who in order to stay in class needed to be catheterized every few hours, is this a medical service beyond the scope of the school or can we train staff. 2. Amy Roley significant hearing loss, what related services does amy require. In IEP they provide some, parents want more, less get a sign language interpreter in all of her classes, the school tried it for 2 weeks but amy did not need the services, amy is doing better than average child academically, she is benefiting from her classes, maybe with interpreter she might benefit more, the court says the law never says that states should set a point where students need to reach

Discipline

- Should a student in special ed be disciplined

- Kansas city punched a classmate and knocked kid off chair, because he is special ed with autism, the school decided that his autism was directly responsible for what he did

- Did the infraction stem from disability? No punishment if it stems from disability; If it doesn’t, those students can be punished

- What about special ed student is suspended or expelled, do we continue to provide special ed services when they are outside of school? Under 10 days there is no obligation on the schools to do so; Over 10 days, seen as change of placement, falling back if you don’t have any services provided; When this case arises you have to have a meeting with team that created IEP whether or not the infraction did stem from the disability. Did we fail to implement the IEP? Do we need to modify the IEP? Team meeting before or after being expelled

Mainstreaming

Term for least restrictive environment - Encourage academic, social, and emotional growth

- Mainstreaming can be for part of the day, not all of the day and it reminds of how the provision of special ed relies on paraprofessional and aides. ie.) Pull out, resource rooms

- Daniel RR (1989): 6 years old, down syndrome, speech impaired, serious intellectual disabilities, communication skills at 2 year old level, parents want him in pre-kindergarten, the school says give it a try, in eyes of school it did not work well, did not master the skills teacher was teaching, to modify the curriculum for him wouldn’t have worked, needed constant attention from aide, he was often exhausted, program was strenuous, he developed a stutter, the teacher wound up devoting much of her time to Daniel. Were other students penalized for her attention to Daniel? Court said that we rely on mainstreaming but if you can show it is not working and a disadvantage to other students then you need not to do it, what progress is he making, has the school offered other options, daniel can participate at recess, the school was upheld the parents were not

- Can still label students and incentive to classify students because you get more money from the state

- Are you sure this would work for moderate to severe disabilities? Where should special ed take place? Who should carry this out?

Current Challenges: Expense: Money required is significant; 13 billion dollars of federal funds; States also contribute quite a lot- What this requires teachers to do the job well: Some special ed teachers receive extra compensation; 7 hours per student to do IEP, extra $600; Re-evaluation another 5 hours; Sense of mission and purpose, teachers want to involve themselves

- What extent is society relying on medication for special ed? Are we sure that the true rate for ADHD that high or are they sliding in because they know they will get services or medications - Insurance companies refused to pay for therapy over hours - Growth from 5%-12% will continue, should it expand and expend and bring in more and more people? Some private schools, Tower Hill, teaching and learning center designed to help you optimize your study habits, understand how you best learn and focus on workload and for students who don't really have an actual accommodation - Continue to debate what is and what is not apart of the disabilities by special ed

Discrimination before 1972: 8% of female athletes in High School; Today 3 female to 4 male athletes, Many people thought women athletes were either secret lesbians or promiscuous, There were outstanding women athletes at this time, Archery, Badminton and Tennis for the girls in Hampels school, they were considered teachers, helpers to the female gym teachers - Got charm bracelets not varsity bracelets; Cheerleading not considered a sport, were there to encourage the guys; Sponsor was nicknamed M; Every cheerleader has a family with a dad and mom (dad learning cheers picture); Raised money through bake sales; Risky routines would involve their legs shown; Bars and Taverns will only serve men - a state said

Sports: Three Part Test: 1. Statistics Test: count number of opportunities to participate and say does that reflect the male female distribution of the schools population. Doesn’t have to be absolutely identical but it should be close. Many schools could not satisfy this test at first 2. Are you narrowing the gap, making progress over time, been expanding program for woman. 3. If you can’t make those standards, have you investigated what the students want? What do they want to participate in? Maybe talk to admissions office and see what students say. Show what you offer is in line with that. Responsive to what people want and what they can do

- Couple diff meanings of equal : Don't have to have a male or female team for every sport; Don't want to have any teams at all you don't have to; Coaching staff, don't have to have 50-50 distribution among gender; Don't have to pay coaches the same exact salaries - Basketball and Football coaches get paid a lot sometimes most paid in university

Considerations in each sport don't have to be identical - Volleyball for women, the net is lower

- Equal: Pocket money has to be the same; Have to be fair in terms of scholarship money; Training facilities; Locker rooms; Academic Tutoring

- Can you try out for a team all male or all female? Is there anything offered for your gender; Wrestling or Football have some females

Gender Norms: In injuries, woman who compete in soccer, are far more likely to injure their knees than men; Girls are more faster and accurate in remembering words; Today, more and more efforts made to be gender neutral: All combat roles are open to woman in the military; Boy scouts have dropped “boy” from its name; Number of vets have shifted from 25% female to 75% female; Lessons about gender are subtle and start early

Single Sex Schools: Is it legal and valuable? Today in america only have 42 all female colleges, private, 3 all male colleges - Way down from the late 1960s

- Do we have single gender public schools receiving funds?

- Authors opinion of these in the reading hw

- We need these all male school for these boys that dont have males in their life - All female dorms for engineering majors

- Justified in three ways: 1. School is expected to show how being all male or female is going to improve academics or discipline in a way that co-ed would not. Young black boys without dads. Girls who love science 2. Need co-educational alternative 3. Student and students family has to volunteer to do this

- Some people say it reinforces stereotypes, many people want choices today

- Access to bathrooms and locker rooms for different genders: Mac is born female and transitioning to a boy, he still wants to wrestling; Don’t need doctors not to give a note you are trans; Boy scouts admit trans boys; Apply to all female school and get there and is in transition, should they throw you out?