Fast Report
10/25/05 -- Supreme Court to rule on free speech case
• A U.S. Supreme Court case involving First Amendment protection for public employees’ speech while on the job could have an impact on school boards’ ability to regulate what teachers say in the classroom. The Court heard oral arguments Oct. 11.
The case was first filed in 2000 by Richard Ceballos, who, while a deputy district attorney in Los Angeles County, wrote a memo to his supervisor charging that a sheriff lied to obtain a search warrant. Ceballos was subpoenaed to testify in that case even though the search warrant was challenged. He claims he was demoted for being a whistle blower -- and that by retaliating against him, the district attorney’s office violated his First Amendment rights of free speech.
The 9th U.S. Circuit Court of Appeals agreed with Ceballos’ argument in a 2004 ruling (Garcetti v. Ceballos) that stated any public employee’s job-related speech made at work on a matter of public concern is protected by the First Amendment.
NSBA had filed an amicus brief asking the Supreme Court to overturn that decision. If the Supreme Court sustains the 9th Circuit ruling, teachers could use the classroom as a platform for their own agenda without regard to the school’s curriculum.
“We believe it is extremely important that school boards retain their longstanding discretion over classroom speech that is directed to impressionable students,” says NSBA Executive Director Anne L. Bryant.
NSBA supports First Amendment protection for public employees, including teachers, when they are speaking as concerned citizens outside the classroom.
But “school boards have a responsibility to help influence and shape our young peoples’ lives,”.Bryant says. “Parents have the right to expect that classroom teaching will be consistent with the curriculum adopted by their school board.”
Greater voice urged for student trustees
• The National Association of State Boards of Education (NASBE) calls for state and local school boards to give student representatives a more prominent role.
According to a survey on student leadership released by NASBE Sept. 27, students who serve on boards of education and their adult colleagues value their participation and contributions.
NASBE recommends that all state boards of education consider having a student representative and establishing a comprehensive statewide system that encourages student representation on local boards.
According to the report, 12 state boards of education, the District of Columbia, and countless local school boards have at least one student serving as a member or adviser with the authority to participate in the board’s deliberations or decisions. Maryland, Pennsylvania, and Connecticut have strong commitments to student representation on local boards.
Indians concerned about impact of NCLB
• American Indian education leaders are concerned about the impact of the No Child Left Behind Act, according to a report released this month by the National Indian Education Association (NIEA).
The Preliminary Report on No Child Left Behind in Indian Country is based on the testimony of teachers, tribal leaders, school board members, administrators, parents, and students from communities that serve American Indian, Alaska Native, and Native Hawaiian students.
“We are facing a crisis in Indian education,” says NIEA President David Beaulieu. “Many areas of NCLB do not fit or respond to the needs of Native communities -- particularly those in rural areas. Our teachers and administrators are equally feeling the impact, and we are experiencing significantly higher turnover rates among our personnel nationwide.”
Many of those who testified voiced concerns about schools labeled as “failures” because of an unfunded federal mandate that demands results but does not supply resources to meet expectations.
According to the report, “The few successes that have been achieved have clearly been at the expense and diminishment of Native languages and cultures.” It also says, “Indian children are internalizing the system’s failures as their own personal failures.”
Edison schools show some gains over time
• A report released by the RAND research organization Oct. 11 says that most public schools operated for at least four or five years by the for-profit Edison Schools management company have shown gains in student achievement that match or exceed gains in schools with similar student populations.
But in their first three years, Edison Schools did no better than comparable public schools.
The study, Inspiration, Perspiration, and Time: Operations and Achievement in Edison Schools, was commissioned by Edison Schools.
The report, however, does not endorse the Edison approach. The report says RAND “cannot make strong predictions for prospective clients about whether they will achieve better long-term results with Edison or with an alternate approach.”
Edison has managed a total of 140 schools at some point in its 12-year history and currently manages 103. The company stresses teamwork and professional development and has a proprietary online assessment system.