Latest News and Comment from Education

Monday, January 2, 2012

NYC Educator: Governor Cuomo, Pedagogical Expert?

NYC Educator: Governor Cuomo, Pedagogical Expert?:

Governor Cuomo, Pedagogical Expert?

Well, happy New Year, in which we learn, on the second day of this New Year, that the new(ish) boss is the same as not only the old boss, but all of the bosses. You see, Governor Cuomo now fancies himself an expert on--wait for it!--not only pedagogy, but the "student perspective" on pedagogy,whatever that means.

Look, I get that the Governor is disappointed about the loss of funding, but the proposed evaluation system is terrible. Well, not terrible in and of itself--it's fine as a starting point, fine to have a list on which a principal could indicate a couple of concrete strategies for a struggling teacher to try--but terrible as a formal evaluation tool by which an otherwise great

Kimble's Corner: Iowa, It's Up to You Now

Kimble's Corner: Iowa, It's Up to You Now:

Iowa, It's Up to You Now

Iowa, it's up to you now. I've done my best job of crisscrossing your state and letting you know about why I'm the right choice for the job of President. Now, it's up to you not to blow it. Iowa's caucuses strike me as uniquely Iowan - the idea that you can spend several hours advocating for a candidate only to switch to a second choice

CLUELESS ABOUT EDUCATION ? PICK A GOLDEN APPLE « Teachers Fight Back

CLUELESS ABOUT EDUCATION ? PICK A GOLDEN APPLE « Teachers Fight Back:

CLUELESS ABOUT EDUCATION ? PICK A GOLDEN APPLE

The Golden Apple Foundation in my city is looking for volunteers to observe teachers and help select the 2012 Golden Apple Award winners. The foundation said that the volunteers don’t need to have a background in education. The volunteers must attend a 90-minute training session on observing and evaluating the teaching process. Volunteers will observe three or four finalists for one hour each and complete their evaluations.

What could be more simple than that ? Remember, everyone is an expert on education and teachers. (See one of my previous posts on “everyone being an expert on what makes a good teacher”). Ninety minutes of training, a one hour observation, and bingo, we’ve got an evaluation. What if the volunteer is a hidden white racist? Oops, there goes the black teacher’s chances. What if the volunteer hated science when they were in school ? Oops,

U.S. Department of Education Amends its FERPA Regulations to Allow for Certain Additional Student Disclosures | The National Law Review

U.S. Department of Education Amends its FERPA Regulations to Allow for Certain Additional Student Disclosures | The National Law Review:

U.S. Department of Education Amends its FERPA Regulations to Allow for Certain Additional Student Disclosures

The United States Department of Education (DOE) has completed its administrative procedures and has enacted new regulations that amend current regulations enforcing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g. These new regulations, which are effective on January 3, 2012, allow for greater disclosures of personal and directory student identifying information and regulate student IDs and e-mail addresses, among other issues. The new regulations are found at 34 CFR, Part 99, sections 99.3, 99.31, 99.5, 99.6 and 99.37. Colleges and universities need to quickly consider the impact of these new regulations upon their current student privacy policies and existing notices. Failure to do so may result in complaints and DOE enforcement proceedings.

FERPA

FERPA is a longstanding federal statute which provides that a parent or eligible student, if over the age of 18, has a right to inspect and review the student's education records and to have them amended and withdrawn, under certain circumstances. FERPA is applicable to all public K-12 school districts and virtually all post secondary institutions, as they receive federal funds under programs administered by the DOE. FERPA generally prohibits the disclosure of personally identifying information (PII) contained in "education records," without aparent's or student's written consent, to certain third parties. There are a number of statutory exceptions for emergency medical and health reasons and for law enforcement activities, among others. PII includes a student's name, social security number, parents' names, family addresses, birth dates, place of birth, a parent's maiden name, and any other data that make a student's identity easily traceable.

FERPA makes a distinction between PII and "directory information." DOE regulations allow for the disclosure of directory information, without needing a student's or parent's consent, unless the parent or student has opted out of such disclosure. A school subject to FERPA must provide a written notice to parents or students setting forth its disclosure policies concerning directory information with the procedures for opting out and contesting the student's education records.

The New Regulations

A. Directory Information and Student IDs

The new regulations clarify that an institution may, under certain circumstances, designate and disclose student ID numbers, or other unique personal identifiers, as directory information to be displayed on a student’s ID card or badge as long as the ID card is not the sole method of obtaining access to the student’s education records and is used with other credible identifiers. The regulations also provide that a parent or student may not opt out of the disclosure of such directory information.

The DOE left it up to the schools to determine what specifically should be included on a student ID. It also stated that FERPA does not require schools to force students to wear IDs. With regulations enacted in 2008, institutions may use directory information to access online electronic systems and to allow a school to require a student to disclose his/her name, identifying information and institutional e-mail address in and out of class. The DOE further clarified that an institution need not make directory information available on student IDs, but may do so if it so chooses.

B. Studies and Audit and Evaluation Exceptions

The new regulations also allow for the disclosure of PII, without student or parent consent, where institutions have contracted with organizations to conduct studies or audits of the effectiveness of education programs. However, the regulations require a written agreement with the organization containing mandatory provisions intended to guard the privacy of student records. The regulations also provide institutions with detailed, required provisions aimed at preventing PII from ending up in the hands of persons or entities not intended or permitted to receive them, and guidelines for addressing data breaches. A careful review of the regulations is necessary before an institution enters into any agreement to provide PII access to an organization that is conducting a study or an audit and evaluation.

C. Notices

The new regulations contain a model notification of rights form for post secondary institutions to provide to students and parents. Given the changes in the DOE's regulations described in this Alert, current notice forms must be re-examined to determine whether they are in compliance. Also, the DOE's model form has a number of optional provisions that each institution should evaluate based on their specific needs.

Conclusion

FERPA and the DOE's regulations are complex and create the potential for administrative sanctions. The new regulations give expanded authority to institutions to make disclosures, but a careful approach to crafting policies and disclosures is necessary to avoid administrative penalties, as well as possible lawsuits by students and parents.

©2011 Greenberg Traurig, LLP. All rights reserved.

About The Author

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Stephen Mendelsohn concentrates his practice on all aspects of commercial litigation through trial and appeals with an emphasis on financial institutions, securities and real estate. He counsels employers on all facets of employment law and has broad experience with private and public universities and schools. Stephen represents a number of private equity funds in their securities litigation matters. Previously, Stephen served as an assistant Attorney General for the State of New York.

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Today's Big Education Ape - PostRank Top Late Nite Posts #edreform


Portland schools' defense in lawsuit: Incompetence, not discrimination, got Diana Fernandez fired | OregonLive.com

Portland schools' defense in lawsuit: Incompetence, not discrimination, got Diana Fernandez fired | OregonLive.com:Portland schools' defense in lawsuit: Incompetence, not discrimination, got Diana Fernandez firedPublished: Monday, January 02, 2012, 12:01 PM By Betsy Hammond, The Oregonian FollowView full sizeJoel Davis / The OregonianStudents speaking more than 90 different languages count on Portland Public Schools to help them learn English and master grade-level academic content. Portland's English as a second language program has chronically failed to meet minimum state standard... more »

Schools Matter: Buy This Book on January 9

Schools Matter: Buy This Book on January 9:Buy This Book on January 9by Jim HornThis new book, Corporations Are Not People, by Jeff Clements has a foreword by Bill Moyers and has been praised in the highest terms by some of our nation's best activists and organizers. No one can read it and not understand the pressing need to put an end to corporate personhood.By making this book a bestseller on Amazon, we will get it in front of many ...more »

Results of online polls reflect dissatisfaction with GOP initiatives on K-12 education | MLive.com

Results of online polls reflect dissatisfaction with GOP initiatives on K-12 education | MLive.com:Results of online polls reflect dissatisfaction with GOP initiatives on K-12 educationPublished: Monday, January 02, 2012, 1:10 PM Updated: Monday, January 02, 2012, 1:11 PM By Julie Mack | Kalamazoo Gazette FollowYes, online polls are highly unscientific.Still, the results of two online polls posted this past week on mlive.com provide further evidence of Michigan residents' dissatisfaction with the changes in K-12 year implemented over the past year ... more »

No still means no, Boss Johnson - Cut&Paste - Opinions - December 29, 2011 - Sacramento News & Review

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Modern School: Less Than 25% of California Schools Have Librarians

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Yes we can. « Fred Klonsky

Yes we can. « Fred Klonsky:Yes we can.by Fred KlonskyI want to talk about Obama voting this morning.It sort of started back last July at the NEA convention. IEA President Dennis Van Roekel, in his infinite wisdom, decided we should endorse the guy two years ahead of his election.No discussion on the convention floor. Two speakers for and against at thee Illinois IEA caucus. Done. Obama endorsed.I thought Obama hadn’t done anything to deserve our endorsement. I still don’t. Plus,

Stories that resonated in 2011 — and will matter in 2012 - The Answer Sheet - The Washington Post

Stories that resonated in 2011 — and will matter in 2012 - The Answer Sheet - The Washington Post:Stories that resonated in 2011 — and will matter in 2012by Valerie StraussLists of most-read stories or blog posts are popular on the Internet, but I doubt they tell us all that much about what really matters to readers.The fact that more people read a story about Angelina Jolie and Brad Pitt than about the U.S. debt ceiling doesn’t make the former ... more »

Today's Big Education Ape - PostRank Top Mid Day Posts #ows #edreform

SOUTH BRONX SCHOOL: Whitney Tilson Thinks He's In The ArmyBig Education Ape - PostRank (PostRank: All)-10 minutes agoSOUTH BRONX SCHOOL: Whitney Tilson Thinks He's In The Army:Whitney Tilson Thinks He's In The Armyby noreply@blogger.com (Bronx Teacher)Imagine much to my surprise as I am eating breakfast this morning at Denny's on Wolf Rd in Albany this morning as I open up my email and come across the depraved and confused mind of Whitney Tilson's ramblings. What a way to start off ... more »

Seattle Schools Community Forum: Back to Work - First Up, Charter Legislation

Seattle Schools Community Forum: Back to Work - First Up, Charter Legislation:Back to Work - First Up, Charter Legislationby Melissa WestbrookOkay, Happy NewYear and best wishes for everyone's health, safety and happinessBUTThere's work to be done. First up, charter schools. I am so unhappy to be having to waste my time on this issue but if not, well then we get to see one more layer of bureaucracy at the state level and more dollars exiting our own district. (As ... more »

Mike Klonsky's SmallTalk Blog: NAACP resolution on charter schools

Mike Klonsky's SmallTalk Blog: NAACP resolution on charter schools:NAACP resolution on charter schoolsby Mike KlonskyIn a process established by the NAACP Constitution, this resolution was adopted by the delegates to the 101st Annual Convention in Kansas City, Missouri, during the legislative session in July, 2010. It was subsequently ratified by the NAACP National Board of Directors at its meeting on October 15, 2010. This resolution is now the policy of the Association, and is “binding on the Board of Directors, ... more »

SOUTH BRONX SCHOOL: Whitney Tilson Thinks He's In The Army

SOUTH BRONX SCHOOL: Whitney Tilson Thinks He's In The Army:Whitney Tilson Thinks He's In The Armyby noreply@blogger.com (Bronx Teacher)Imagine much to my surprise as I am eating breakfast this morning at Denny's on Wolf Rd in Albany this morning as I open up my email and come across the depraved and confused mind of Whitney Tilson's ramblings. What a way to start off a new year. Hopefully, 2012 we'll hear less and less of Whitney as he becomes more and ... more »

You Have No Idea What To Count, So Shut Up | The Jose Vilson

You Have No Idea What To Count, So Shut Up | The Jose Vilson:You Have No Idea What To Count, So Shut Upby JoseIra Socol, the unabashed scholar he is, dropped my first favorite quote of 2012 in his meme on December 30th:Things I don’t want to hear in 2012: (3) “Accountability” – you have no idea what to count, so shut up.Gospel. I almost fell on my face laughing. How did he jump in my skull and pull that ... more »

A Second New Year | Connected Principals

A Second New Year | Connected Principals:A Second New Yearby Brian Nichols“Always bear in mind that your own resolution to succeed is more important than any one thing.” -Abraham LincolnJanuary 1st brings about a unique opportunity for school leaders that often goes unnoticed. School leaders actually have the benefit of celebrating two “New Years”. The initial New Year arrives on the first day that the staff assembles in the summer before students start back. Everyone is excited about the possibilities ... more »

A New Year, A New List of Trends « Chalkdust101

A New Year, A New List of Trends « Chalkdust101:A New Year, A New List of Trendsby pjhigginsAs has been said elsewhere, it’s list season, and being that I am working through some serious writing muscle atrophy, I’ll use this opportunity to join the fray.Each year, we dig up what we’ve thought a lot about over the course of the past year, what we noticed, and what we feel will make the most impact on our lives, and our schools ... more »

Today's Big Education Ape - PostRank Top Early Evening Posts #ows #edreform

Professor: Educating New Jersey's impoverished kids costs more - NorthJersey.comBig Education Ape - PostRank (PostRank: All)-1 minute agoProfessor: Educating New Jersey's impoverished kids costs more - NorthJersey.com:Professor: Educating New Jersey's impoverished kids costs moreSUNDAY JANUARY 1, 2012, 12:58 PMBY GEOFF MULVIHILLASSOCIATED PRESSASSOCIATED PRESSPAGES: 1 2 3 DISPLAY ON ONE PAGE | PRINT | E-MAILOne in a periodic series on efforts to remake New Jersey's education system.NEW BRUNSWICK — A scholar who studies and blogs about education finance says improving the ... more »

Forging Ahead With Nutty Teacher Evaluation Plan by Carol Corbett - ParentAdvocates.org

Parent Advocates - ParentAdvocates.org:Forging Ahead With Nutty Teacher Evaluation Plan by Carol CorbettNew York State Commissioner John King is about to get tough with 10 school districts that have not finalized negotiations on their teacher evaluation plans. He threatened to take away their schools’ improvement grants if they do not comply. With little or no consideration of countervailing concerns, the commissioner’s approach illustrates the 'My way or the highway' mantra of Race to the Top reformers. The plan, of course, ... more »

MY ENDORSEMENT OF A REPUBLICAN PRESIDENTIAL NOMINEE « Teachers Fight Back

MY ENDORSEMENT OF A REPUBLICAN PRESIDENTIAL NOMINEE « Teachers Fight Back:MY ENDORSEMENT OF A REPUBLICAN PRESIDENTIAL NOMINEEby alkleenMy phone has been constantly ringing with calls from the campaign managers of the Republican presidential contenders. Given my large readership on this blog, all the candidates are vying for my endorsement. I’m getting really tired of this harassment, so here goes, these are my thoughts about the candidates and also which one I will endorse.Michele Bachman – Sorry Michele, no endorsement for ... more »

4LAKids LAUSD TEACHERS TOP NATION IN NUMBER OF NEW NATIONAL BOARD CERTIFIED TEACHERS.

4LAKids - some of the news that doesn't fit: LAUSD TEACHERS TOP NATION IN NUMBER OF NEW NATIONAL BOARD CERTIFIED TEACHERS.:LAUSD TEACHERS TOP NATION IN NUMBER OF NEW NATIONAL BOARD CERTIFIED TEACHERS.Rose ceremony at UTLA honors the 189 educators achieving the prestigious distinction this year.FROM THE UTLA UNITED TEACHER | HTTP://BIT.LY/TURMBWDec 16, 2011 :: For the first time, LAUSD teachers have outpaced educators across the nation in the number of candidates achieving National Board certification.With 189 successful candidates this year, ... more »

Kimble's Corner: Jack Kimble Lands Game Changing Endorsement in Iowa

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Segregated Charter Schools Evoke Separate but Equal Era in U.S.

Segregated Charter Schools Evoke Separate but Equal Era in U.S.:Segregated Charter Schools Evoke Separate but Equal Era in U.S. December 28th, 2011 | Author: National OfficeComment by RachelPendergraftThe kids in the article below seem to be happy. Parents have been given a choice as to where to send their children and without government interference, many have selected schools with a student population that reflects the race of those children. In addition, many of these schools satisfy the children’s longing to ... more »