Law Commons^™

Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha

Zorka Karanxha

No abstract provided.

Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.

Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr

John A Dively Jr

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

Growth Model Evaluations: Possibilities And Pitfalls, John Dively

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

Teacher Unions, The Right To Work, And Fair Share Agreements, Charles J. Russo, C. Daniel Raisch

Educational Leadership Faculty Publications

The status of collective bargaining in public education is in flux. As a result of a movement that began in the early 1960s, more than 30 states now have laws that allow teachers and other public school employees to form unions in order to bargain collectively with their school boards over the terms and conditions of their employment.

Further, three jurisdictions prohibit public-sector unions, and in an overlapping tapestry, 23 states—most recently Indiana— have enacted right-to-work laws that bar contracts that require workers to join unions as a condition of employment.

Aware that unions derive their operating revenues from member …

Breakfast And Lunch Participation In Massachusetts Schools, Center For Social Policy, University Of Massachusetts Boston, Massachusetts Budget And Policy Center, Massachusetts Law Reform Institute, Eos Foundation

Center for Social Policy Publications

The Center for Social Policy at the University of Massachusetts Boston (CSP), the Massachusetts Budget and Policy Center (MassBudget), and the Massachusetts Law Reform Institute (MLRI), with support from the Eos Foundation, established a research team to examine school food and related programs in Massachusetts.

While the team developed an overview of all federally funded food programs in Massachusetts, the focus of our work was on school meal programs and several aspects of the Supplemental Nutritional Assistance Program (SNAP). The full project is composed of several individual pieces of research and analysis, most of which were primarily undertaken by one …

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Lidsky

Faculty Publications

Public colleges and universities increasingly are using Facebook, Second Life, YouTube, Twitter, and other social media communications tools. Yet public colleges and universities are government actors, and their creation and maintenance of social media sites or forums create difficult constitutional and administrative challenges. Our separate experiences, both theoretical and practical, have convinced us of the value of providing guidance for public higher education institutions wishing to engage with their constituents-including prospective, current, and former students and many others-through social media.

Together, we seek to guide public university officials through the complex body of law governing their social media use and …

Searching For A Needle In A Haystack: Indications Of Social Justice Among Aspiring Leaders, Vonzell Agosto, Zorka Karanxha

Zorka Karanxha

We conducted a content analysis of 34 statements of interest submitted by applicants applying to an education leadership preparation program. The purpose of the analysis was to understand the applicants’ orientations toward social justice. Using Kumashiro’s (2000) and Apple’s discussions of anti-oppressive education, we identified three practices in the candidates’ treatment of the writing prompt concerning leadership related to Othering: ignoring, marginalizing, and mentioning. The fourth practice, embodying (evidencing through practice) a social justice orientation, was a practice we identified in statements submitted by a few applicants (n=7). This article centers on the analysis of the applications of these seven …

The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo

Educational Leadership Faculty Publications

Recent legislation raised questions about the status of teachers unions and public-sector collective bargaining. Although the changes in Florida, Idaho, and Tennessee occurred with a minimum of disruption, the same was not true in Ohio and Wisconsin. Voters in Ohio repudiated a law that would have placed significant limits on the rights of public employees to bargain collectively (McNeil 2011a). Conversely, voters in Wisconsin defeated a recall election intended to remove the governor and legislators who acted to curtail the bargaining power of teachers unions (Stein 2012).

Organized labor and collective bargaining in education have grown to the point at …

Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane

Education Reform Faculty and Graduate Students Publications

James G. Blaine was a prominent American politician of the late 19th Century. Although Blaine was an unsuccessful Republican candidate for President in 1884, U.S. Secretary of State, Speaker of the House, and a Senator from Maine, his primary legacy was the enshrinement of "anti-aid" amendments in the constitutions of 39 U.S. states. These so-called "Blaine Amendments" were designed to prohibit government funds from supporting "sectarian" religious organizations such as schools and charities. In Blaine's day, "sectarian" was widely understood to be a euphemism for "Catholic". Nondenominationally Protestant organizations such as the public schools of the day were considered to …

Board Of Trustees Names Robel As New Iu Provost, Colleen Sikorski

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Zorka Karanxha

No abstract provided.

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

Exploring German And American Modes Of Pedagogical And Institutional Sustainability: Forging A Way Into The Future, Lindon N. Pronto

Pitzer Senior Theses

Rooted deep in Germany's past is its modern socio-political grounding for environmental respect and sustainability. This translates into individual and collective action and extends equally to the economic and policy realm as it does to educational institutions. This thesis evaluates research conducted in Germany with a view to what best approaches are transferable to the United States liberal arts setting. Furthermore, exemplary American models of institutional sustainability and environmental education are explored and combined with those from abroad to produce a blueprint and action plan fitting for the American college and university.

Negotiating Within A Shared Governance Format, Suzanne C. Wagner, C. Henrik Borgstrom

Journal of Collective Bargaining in the Academy

The act of unionization creates a sense of unity among faculty, however, it also creates an adversarial relationship with administration. Although both the administration and the faculty believe they have the university’s best interests in mind, contract negotiations are typically contentious and divisive. A unique process for negotiations is presented illustrating how working within a shared governance format can enable faculty and administration to work together in preparation, research and analysis, problem solving and mutual gains bargaining that results in success for both parties and, ultimately, the university.

Examining The Decline In Bargaining Power In Faculty Labor Unions In The United States: The Effects Of Reduced Monopoly Power In Providing Public Higher Education, Lynn A. Smith, Robert S. Balough

Journal of Collective Bargaining in the Academy

This study examines the decline in the economic power of faculty labor unions in public higher education in the United States in recent years. The authors assume the labor union is a utility maximizing entity and that income accrues to the “union family.” The union family attempts to maximize this income. By analyzing collective bargaining agreements and hiring practices between the Association of Pennsylvania State College and University Faculties and the Pennsylvania State System of Higher Education, the authors construct bargaining indices. Because this study is focused on the change in bargaining power of labor unions in public higher education …

Collective Bargaining In United Kingdom Higher Education, Helen Fairfoul, Laurence Hopkins, Geoff White

Journal of Collective Bargaining in the Academy

This article provides an overview of the collective bargaining system in United Kingdom (UK) higher education and considers some of the current challenges. The arrangements for determining the pay of staff in UK higher education reflect both the historical context of the UK funding system and the unique nature of UK industrial relations law. From World War II, the funding of UK higher education has predominantly come from central government spending with a strong central framework of policy and governance. Since the 1960s, the higher education sector has grown dramatically, both in terms of student numbers and the number of …

Universities Must Continue To Bargain, Thomas J. Kriger

Journal of Collective Bargaining in the Academy

Faculty with collective bargaining rights across the nation will—and should—agree with Daniel Julius’s conclusion that “College and university leaders should continue to honor collectively negotiated agreements maintaining relationships with faculty unions.” When implemented correctly, these agreements, as Julius points out, serve the interests of both faculty and administrators. Such agreements codify and protect due process rights for both sides. They also provide both faculty and administrators with a level of predictability and stability in labor relations that are necessary on today’s complex and hectic campuses. While I agree with almost everything Julius has written here, there are a number of …

Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Who could have anticipated the effect of the Internet on education, or of social networking sites such as Facebook or MySpace? Yet given the relatively new state of the law, as the legal system struggles to keep pace with technological advances, the courts are reaching markedly different outcomes on the extent to which education officials can punish students who violate school rules, especially if their behavior originated out of school or involved First Amendment free speech claims.

In light of the legal and technological challenges facing school business officials (SBOs), school boards, and other education leaders, the first part of …

Learning Together: Using Adr To Improve Communication And Collaboration In Education, Clayton Cox

Brigham Young University Education and Law Journal

No abstract provided.

This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni

Journal of Collective Bargaining in the Academy

Studies of collective bargaining have often centered on technique, style and the economic data that each side can use in bargaining a labor contract. Often overlooked, however, are the more subtle factors that influence the outcome of a round of bargaining. This article will reflect upon five of those intangible influences, namely, 1) the role of history; 2) the setting of expectations; 3) the nature and character of the people in the process; 4) the aspects of timing in negotiations and 5) the element of catharsis. The author has noted these five factors in his long career at the bargaining …

The Role Of Social Media In Community Colleges, Cecilia Rios-Aguilar, Manuel Sacramento González Canché,, Regina Deil-Amen, Charles H.F. Davis Iii

Charles H.F. Davis III

Over the past decade, there has been a growing public fascination with the phenomenon of connectedness. One of the most important ways in which society is now connected is through social media –such as social networking sites. While both students and higher education institutions seem to be utilizing social media more and more, there still are enormous challenges in trying to understand the new dynamics generated by social media in higher education, particularly for the context of community colleges.

This research report has several purposes. The first is to document and to describe the various ways in which social media …

Robel Settles Into Interim Provostship, Kristen Clark

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Strengthening The Education Management Information System (Emis) In Tanzania: Government Actors’ Perceptions About Enhancing Local Capacity For Information-Based Policy Reforms, Assela M. Luena

Master's Capstone Projects

Strengthening the Education Management Information System (EMIS) in Tanzania is an important task, as the government needs quality data and information to support the creation of sound policies, making plans and managing educational resources. Well-functioning EMIS can ensure achievement of national goals to provide quality education, which is the basis for facilitating economic growth and sustainable development. The government also needs quality data and information in order to enhance monitoring and evaluation of the education sectors’ performance and ensure the right direction for achieving the intended goals and objectives.

Creating a sustainable and efficient EMIS is a challenge that requires …

Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?, Amy Vorenberg

Law Faculty Scholarship

This article argues that searches of student’s cell phone should require a warrant in most circumstances. The amount and personal nature of information on a smart phone warrants special Fourth Amendment protection. This issue is particularly relevant in the public school setting where administrators routinely confiscate phones from students caught using them in school. With more frequency, administrators are looking at the phones, scrolling through text messages and photos, and on some occasions, responding to text messages.

The U.S. Supreme Court in Safford v. Redding, acknowledges the special considerations that school children should be afforded in part because of the …

Reutter’S The Law Of Public Education, Charles J. Russo

Educational Leadership Faculty Publications

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.

Can Students Be Disciplined For Off-Campus Cyberspeech: The Reach Of The First Amendment In The Age Of Technology, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The widespread use of technology in today's schools has ushered in a host of legal issues that educators and parents could not have contemplated just a few years ago. Within the past decade, students have had the unprecedented ability to send text messages and instant messages, create websites, post blogs, construct Internet profiles, and post messages on burgeoning social networking sites, most notably Facebook. Even when students engage in such speech-related activity off campus using their personal computers, their actions and posts on such social networking sites as MySpace and Facebook can have carryover effects into school and classroom environments. …

Social Media In Higher Education: A Literature Review And Research Directions., Charles H.F. Davis Iii, Regina Deil-Amen, Cecilia Rios-Aguilar, Manuel Sacramento Gonzalez Canche

Charles H.F. Davis III

Social media [technology] has become a growing phenomenon with many and varied definitions in public and academic use. For our purposes, the term social media technology (SMT) refers to web-based and mobile applications that allow individuals and organizations to create, engage, and share new user-generated or existing content, in digital environments through multi-way communication. Despite the widespread use of SMT, little is known about the benefits of its use in postsecondary contexts and for specific purposes (e.g., marketing, recruitment, learning, and/or student engagement). It is critical to begin to examine if and how higher education institutions are incorporating the use …