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Wednesday, October 21, 2009

A Fast-Track Alternative to a Teaching Job

By ELIZABETH OLSON
Published: October 14, 2009

ANXIETY about what comes next in midlife is gripping a lot of people these days, especially if their jobs are ending or they are nearing retirement age.

Wylie Schwieder mulled over his prospects as his consulting job was winding down. And when his wife of 20 years, Katie, a former corporate trainer and business writing coach, came home on Sept. 3, 2007, their wedding anniversary, he was waiting on the front porch of their Richmond, Va., house with a bottle of wine and two glasses.

“I’ve decided to become a teacher,” he told his wife.

“Really,” she replied. “I was just thinking the same thing.”

Mr. Schwieder, 52, a former executive at CarMax and Capital One bank, became interested after a local science teacher told him about a fast-track way to become a teacher.

The idea of studying intensely, then getting into the classroom quickly, appealed to the couple, who have four children. Within three weeks they had signed up with the Career Switchers program, the Virginia-based program that requires applicants to pass an Educational Testing Service exam in the subject matter they want to teach, take an online course and attend a series of meetings to learn classroom teaching skills.

The program, which has helped more than 500 people earn licenses, costs $3,150 and takes about 18 months to complete.

Armed with a provisional one-year license, the new teacher spends a year of monitored classroom instruction before earning a renewable five-year state teaching license. The Schwieders are both teaching full time now. Virginia certifies the program, which was started in 2004 to address the shortage of math, science, reading and English teachers. The placement rate, said Rebecca Waters, the director, was 80 percent last year. This year, in the state budget crunch, placement has fallen to 42 percent.

Even so, teachers in math and science still find jobs. And over the long term, teaching may be a job haven because of its relative security and good benefits. A report by the National Commission on Teaching and America’s Future, a nonprofit research group, has estimated that about one million teachers could retire in the next four years. Career changers, according to a survey released in September 2008 by the Woodrow Wilson National Fellowship Foundation, may help fill the anticipated vacancies. Among college-educated Americans 24 to 60 years old, the survey found, 42 percent would consider becoming a teacher.

But these alternative certification programs have their critics. A National Council on Teacher Quality report in 2007, for example, found that two-thirds of the programs were not selective in their admissions, accepting half or more of those who apply, and that instead of streamlining certification, they simply mimicked traditional teacher prep courses.

Virginia has one of the most streamlined programs for career changers and is among the 47 states that accept alternative teacher training. Over all, about 600 such programs contribute about 20 percent of the country’s new teachers each year, according to the Education Department.

One of the best-known programs nationally is the New Teacher Project, which this year had 40,000 applicants for its teaching fellow programs in 21 cities, which include New York and Chicago. That was up 44 percent from 2008. But only 10 percent of the applicants were accepted this year, compared with 15 percent last year, according to the project, which is based in Brooklyn.

Like the Career Switchers program in Virginia, the American Board for Certification of Teacher Excellence offers an online program that costs $975 and has so far issued 1,900 certifications. They are accepted by nine states, including Florida, Missouri and Pennsylvania. The board says people 50 and older account for one-fifth of its participants.

Among them is Ron Halverson, 52, who worked for two decades at Hewlett-Packard in engineering and finance. After taking early retirement two years ago, he became certified and is in his second year of teaching special education at Borah High School in Boise, Idaho.

Pursuing a traditional teaching degree would have been too long and costly, he said.

“I would not have been able to afford or pursue a second career without this program,” he said of the American Board. But it is “sometimes looked at negatively by those who have gone the traditional academic route.”

In Missouri, Bill DeLoach, 59, had a career in business sales and management. He left an executive position in a regional mutual fund company and completed the American Board program in science. He is now teaching physics at a high school in suburban St. Louis.

“I haven’t worked this hard in a long time,” Mr. DeLoach said. One difficulty of the program, which must be finished in a year, is the required 30 days of classroom teaching — at a time when people are lining up for substitute teaching jobs.

Mr. Schwieder, in Virginia, landed a job before getting his license. He passed his subject test in math in November 2007, and in January, as he was beginning his class work, a math position opened at Henrico High School in suburban Richmond.

He grabbed the chance to teach, but still had to juggle the 20 to 30 hours a week needed to complete the Career Switchers course work.

The program, which requires a bachelor’s degree and five years’ work experience for entry, is intended for people working full time, Mr. Schwieder said, but he said a Monday-to-Friday teaching job meant “I wasn’t placing a lot of value on sleep at the time.”

He then moved into a full-time math teaching position and received his five-year license. His wife, 51, now teaches English in a middle school.

While they both love teaching, there are some downsides, especially the pay, which averages about $50,000 nationally. (Prospective teachers should know, too, that in a dozen states, teachers do not participate in Social Security but in public employee retirement plans. Under current law, if second-career teachers earn Social Security benefits from a previous job or receive spousal benefits, those benefits can be reduced because of the teachers’ pension benefits.)

Two-thirds of those in the Woodrow Wilson survey said they expected to take a pay cut to become a teacher.

“The pay is dismal compared to a corporate career,” Mr. Schwieder said, “but we didn’t do it for the money. The challenge is huge. I’m trying to teach students to problem-solve. That’s something that can carry them through the rest of their lives.”

3 Education Board members take issue with social studies proposal

Friday, October 16, 2009

By TERRENCE STUTZ / The Dallas Morning News
tstutz@dallasnews.com

AUSTIN – State Board of Education members have stopped short of embracing most of the controversial recommendations of their appointed social studies experts, but three key members want more coverage of religion in U.S. government and history classes.

As teams crafting new social studies standards in Texas schools met in Austin on Thursday to work on their final drafts, they were presented with suggestions from the board, which will adopt the standards early next year.

Just three of the 15 board members submitted recommendations, including Chairwoman Gail Lowe, R-Lampasas, and former Chairman Don McLeroy, R-College Station. The other member was Barbara Cargill, R-The Woodlands. All three are part of the social conservative bloc on the board that typically votes together on major issues.

McLeroy called on the writing team for U.S. government to add a new standard "that describes the Judeo-Christian Bible influence on the founding documents" of the nation.

Cargill and Lowe want coverage in U.S. history of the Great Awakening, a period of heightened religious activity in the American colonies in the mid-1700s. Social conservatives say that period should be credited for unifying the colonies and helping them decide to seek independence from Great Britain.

Cargill and Lowe referred to the earlier recommendation of one of their appointed experts, evangelical minister Peter Marshall, who wrote, "The leveling effect of the Gospel preaching ... created a revulsion against the superior attitudes of British aristocracy and a revolt against British tyranny."

Marshall, who is not a school curriculum expert, is president of Peter Marshall Ministries in Massachusetts, a group that proclaims to be "dedicated to helping restore America to its Bible-based foundations."

Still, the three board members did not endorse some of the more divisive recommendations of Marshall and another adviser appointed by social conservative members, WallBuilders President David Barton. WallBuilders, based in Aledo, is a group that has challenged the legal separation of church and state.

Both men had initially questioned the inclusion of civil rights activist César Chávez in the history standards, saying he was a poor role model for schoolchildren.

Marshall also said that students in government classes should focus on the historic Roe vs. Wade decision legalizing abortion rights, which he said had more impact on American life than any other court decision.

Barton, a former vice chairman of the Texas Republican Party, said students should be required to study "republican" U.S. values and processes rather than "democratic" values.

The social studies requirements will remain in place for the next decade.

Monday, October 19, 2009

Socioeconomic Desegregation Alone is Not Effective in Improving Classroom Performance, Study Revea

Interesting study. It raises the policy question of how desegregation should be accomplished. -Angela

Socioeconomic Desegregation Alone is Not Effective in Improving Classroom Performance, Study Reveals

October 2, 2009

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AUSTIN, Texas — Although past research has linked academic achievement gains to socioeconomic desegregation in schools, a new analysis reveals some hidden academic and psychological risks of integrating low-income students in schools with predominantly middle- and upper-class student populations that might chip away at these achievement gains.

According to a new study led by sociologist Robert Crosnoe at The University of Texas at Austin, low-income students were more likely to be enrolled in lower-level math and science courses when they attended schools with mostly middle- and upper-class students, than in schools with low-income student bodies. For example, low-income students, on average, completed geometry by the end of high school when attending schools with predominantly poor or working class student bodies. Their comparable low-income counterparts in predominantly middle- or upper-class schools, however, tended to reach only as far as algebra I.

Likewise, low-income students who attended schools with wealthier student populations were more likely to feel isolated and have negative feelings about themselves. These results were even more pronounced for black and Hispanic students.

Using a sample of low-income public high school students from the National Longitudinal Study of Adolescent Health, Crosnoe finds support for the theory that students' academic success is a function of how they view themselves and how others evaluate them relative to the academic skills and performance of their peers.

"Desegregating schools by social class or race is an important society goal that also seems to promote achievement for young people from historically disadvantaged populations," says Crosnoe. "Yet, the reality is fairly complicated, with some risks to social and psychological functioning as well as course placement for these students.

"If we can fix these risks, then perhaps the achievement gains of desegregation would be even bigger. Desegregating schools, therefore, cannot end when statistical integration of various student groups is achieved. We also have to foster the social integration of these groups to realize the full potential of desegregation."

Crosnoe's findings are published in an article titled "Low-Income Students and the Socioeconomic Composition of Public High Schools" in the October issue of the American Sociological Review.

For more information, contact: Michelle Bryant, College of Liberal Arts, 512-232-4730.

Sunday, October 18, 2009

A Professor Tackles Racism in the Classroom

This is a powerful piece. It really highlights how many times the burden of racism is endured by people of color in multiple ways.

-Patricia


By George Yancy | The Chronicle of Higher Education
October 11, 2009

An African-American student's voice cracked as she explained to her white classmates that she was weary of their denials: "I'm tired of all of you saying that racism doesn't exist anymore!"

There was an awkward silence as she began to cry. Some of her white peers looked away, some down to the floor. Others stared off, seemingly oblivious. I allowed the silence to linger, not wanting to detract from the intensity of the moment.

Afterward, many of the white students in that class began to listen with an attentiveness they had not shown before. Those who had seen themselves and the "postracial" world as colorblind were faced with an anomaly. Their classmate's plea challenged their idea of themselves as "good whites," forcing them to consider whether they had failed to take racism seriously.

There was a time when I would have been immobilized by a student's crying in my class. Now, however, I consciously foster the conditions that allow students to express emotion. My African-American student's tears, and the response from my white students, only confirmed for me that spaces within the classroom must encourage and nurture students to bring their entire selves—their angry selves, their fragile selves, their wounded selves—as they struggle with issues of race and racism.

When I introduce the topic, my students are surprised and sometimes taken aback by my frankness. I tell them that in my classroom we will try our hardest to leave cowardice and dishonesty at the door. I explain that the practice of "fearless speech" will guide the questions we ask, how we answer them, and how we speak to one another. At the same time, I explain, we will engage in "fearless listening"—the capacity to maintain open conversation by remaining nondefensive, conceding our ignorance, and admitting to our incompleteness and vulnerability. I tell them that fearless speech and fearless listening constitute forms of fearless action, and will not be penalized, even though they may result in anger and misunderstanding. I explain that in order for us to be better, more complete human beings, we must be willing to give up something—that is, lose our preconceptions, our arrogance, and our sense of certainty. Finally, I tell them that I, too, have much to lose.

I make it a point to ask my students, "So, are there any students in here who see themselves as racist?" The question seems especially bold, and loaded, when posed by an African-American professor to a class of predominantly white students. No one raises a hand; there is often a look of absolute disbelief on their faces.

While teachers and professors should strive to create safe spaces within their classrooms where honest dialogue can develop, it is important that we don't confuse safety with dishonesty or fear of challenging the status quo. Such "safe spaces" actually end up shutting down discussion, stifling creativity, and demeaning the students.

I have also learned that if I ask my students to take risks, then I must be prepared to do the same. Hence, I also pose the question, "Are there any males in here who see themselves as sexist?" Sometimes a few hands go up; typically, mine is the only one. Part of the objective is to expose another axis of hegemony besides racism. By raising my hand, my intention is also to communicate to my students that I am not afraid to discuss the ways sexist norms confer patriarchal power over me. My students are surprised by my candor, and yet, I think, profoundly appreciative. By disclosing my weakness, I am laying the foundation for mutual trust and respect, while modeling the kind of communication I expect them to undertake.

One white male student, responding to my invitation to fearless speech, shared with the class that he had been harassed by a group of African-American males about his sexual orientation. He shared with the class that as they taunted him, he had thought to himself, "I might be gay, but at least I'm not black." We could see the reluctance on his face, the guilt. He was clearly aware of his vulnerability and the risk of verbal reprisal. As in the case of my African-American student, I didn't want to interrupt the silence that followed. At that moment, it was enough that he had named his racism without condemnation from others.

On another occasion, a white female student shared that while she and her boyfriend were walking down the street, her boyfriend saw a black female from behind and then turned to her and asked, "Why don't you have a body like that?" Without skipping a beat, she responded, "At least I have real hair." Instead of criticizing him for his sexism, she resorted to a racist retort, characterizing the black female as aesthetically fake by the presumption that she was wearing hair extensions. I could see that she was dismayed to recognize her own racism.

Within the safe, yet fearless space of our classroom, an antiracist alliance often emerges among my students. Black students, while often understandably cynical, become more accepting of their white peers' efforts. White students often experience a sense of vertigo as they begin to identify and question manifestations of racism that they had not seen before.

My objective is not to nurture stultifying guilt in my white students, but to encourage them to listen carefully for racism in their inner voices, and to take note of how it affects their body postures and anxieties when around people of color. By publicly unveiling such realities about themselves, my white students pose aspects of their identities as problems to be challenged.

To some people, tears in the classroom might seem like an indication that something has gone wrong. In my class, I view such visceral responses as clear evidence that something has gone beautifully right.

George Yancy is an associate professor of philosophy at Duquesne University and author of "Black Bodies, White Gazes: The Continuing Significance of Race" (Rowman and Littlefield, 2008).

Coalition for Multiple Pathways (California)

Here's a group out of California that appeared in 2008 that advances Career and Technology Opportunities.- Angela

As California seeks to improve its high schools and better prepare its students for the future, many see “multiple pathways” as a solution.

The Coalition for Multiple Pathways is a statewide alliance of education, industry, and community organizations dedicated to improving California’s high schools and preparing students for postsecondary education and career, both options and not just one or the other. Over 140 organizations have joined to date.

The Coalition brings a collective voice and coordinated effort to expanding access to multiple pathways—programs of study that connect learning in the classroom with real-world applications outside of school. Pathways integrate rigorous academic instruction with demanding technical curriculum and work-based learning—all set in the context of an industry sector.

Description of Coalition

The Coalition for Multiple Pathways is a statewide alliance of education, industry, and community organizations dedicated to improving California’s high schools and preparing students for postsecondary education and career, both options and not just one or the other.

Purpose of Coalition

The Coalition aims to bring a collective voice and coordinated effort to expanding access for California’s young people to multiple pathways—programs of study that connect learning in the classroom with real-world applications outside of school. Pathways integrate rigorous academic instruction with demanding technical curriculum and work-based learning—all set in the context of one of California’s 15 major industry sectors such as arts, media, and entertainment; building and environmental design; engineering; health science and medical technology; information technology; and law and public services, to name just a few.

Goals of Coalition

The Goals of the Coalition are to:


Build awareness and understanding of multiple pathways
Present unified support for multiple pathways to encourage state, regional, and local decision makers to expand and improve pathway programs
Optimize resources and expertise to help promote multiple pathways
Establish state and local policy priorities that support multiple pathways
Boost Coalition membership to engage more education, industry, and community partners who can strengthen multiple pathways throughout California

National teaching program eyeing San Antonio

Web Posted: 10/18/2009 12:00 CDT

National teaching program eyeing San Antonio

By Michelle De La Rosa - Express-News
Susan Cerny told her freshmen biology students they could refer to the structure of DNA as a “swirly staircase” if it will help them remember the concept, but she will use a fancy term, “double helix.”

Her hands danced in the air as she walked around her classroom Thursday, in the Rio Grande Valley’s Donna Independent School District, delivering an animated lesson.

“She teaches in another way. She actually gets us to understand it by doing activities,” student Jose Hernandez said later while his classmates cut out paper shapes to build nucleotides. “Some of my other teachers just talk and talk and make us write.”

Cerny, 23, is a first-year teacher from upstate New York who landed in Donna, a district of about 15,000 students in Hidalgo County, as one of the newest Teach for America corps members.

Teach for America recruits top college graduates without formal teacher training and places them where many of the country’s poorest children go to school.

Some of San Antonio’s most influential leaders are behind an effort to bring Teach for America to San Antonio next fall.

Part of the AmeriCorps national service network, Teach for America is a competitive program with 35,000 candidates, some from the nation’s elite universities, applying for 4,100 spots this year. Those in the program generally aren’t headed for a career in education but see the two-year commitment as community service on par with the Peace Corps.

The organization has 7,300 educators in classrooms across the country, including in Houston, Dallas and the Rio Grande Valley.

In Donna, almost all students come from low-income families and nearly half aren’t native English-speakers. The goal: Narrow the achievement gap between those students and their more affluent counterparts.

San Antonio backers of Teach for America, spearheaded by H-E-B Chairman and CEO Charles Butt, have raised $6 million in a matter of months to help finance a local program.

On Monday, San Antonio Independent School District trustees are expected to vote on an agreement with Teach for America that could bring nearly 300 corps members to SAISD classrooms over three years.

Details, such as deciding how the teachers would become certified during their two-year stint, still need to be ironed out before TFA makes a final decision about coming here. The district employs more than 3,400 teachers.

“We really need the brightest ones to get into teaching and administration,” said Bill Greehey, NuStar Energy LP board chairman. “I really think it’s going to change the landscape long-term.”

Greehey, through NuStar Energy and his charitable organization, the Greehey Family Foundation, has pledged a combined $450,000 to the three-year effort. Other top donors include the Ewing Halsell Foundation, a San Antonio-based private charitable fund, which committed $600,000, and H-E-B, which has pledged $1 million.

Financial support for the program has been so strong that TFA is now considering doubling its original goal of placing 150 teachers in San Antonio. TFA leaders call H-E-B’s Butt their “champion” in San Antonio.

“My hope would be that we could continue to make improvements so that we would have the outstanding urban inner-city district in the state, and that requires a lot of work, much of which is already under way by the superintendent and the current staff of SAISD,” Butt said. “But they need extensive community support to help achieve the goal.”

The community and SAISD still need to come up with $1.5 million by the end of December to get the program off the ground.

The total cost for the three-year venture of bringing 300 corps members to San Antonio is just under $10 million — money that pays for recruiting, selecting and training. SAISD will contribute about $1.4 million of the total cost over three years, and a new contract for additional years could be negotiated after that.

Encouraging leaders

TFA is not a teacher-shortage strategy, according to Ify Offor, TFA’s vice president of new site development. Rather, founder Wendy Kopp envisioned it as a leadership pipeline.

“I think Wendy’s original belief was that if we could one day reach this tipping point where a number of our future leaders had all had this experience, and all had the rare insight into what it actually takes to close the achievement gap, then we would finally get there,” Offor said.

Among program alumni who are fulfilling that mission are Mike Feinberg and David Levin, founders of the national network of Knowledge Is Power, or KIPP, charter schools, a couple of which are in San Antonio.

Other program graduates have gone on to serve as elected officials or to influence education policy on Capitol Hill.

One-third of alumni remain in the classroom while two-thirds remain in the education field.

For SAISD, TFA would be another boost in officials’ efforts to elevate the struggling district, which has made steady academic progress but still faces an achievement gap between its minority and Anglo students, particularly in math and science. The district also had the highest dropout rate in Bexar County for the class of 2007 — 26 percent.

“I’m seeing it as an investment, as a lot of potential leadership for our district,” Superintendent Robert Durón said. “If we can get three or four years out of these teachers and ... maybe even recruit some to be in leadership positions, it’s worth our investment.”

The program is not without its critics, with one of the most common debates focusing on the short, five-week, boot-camp-style preparation TFA corps members undergo before entering the classroom. Another common criticism is that most leave the classroom after two years, before they can really start to bloom as educators.

Shelley Potter, president of the San Antonio Alliance of Teachers and Support Personnel, an SAISD employee group, worries that a revolving door of outside educators, particularly those who’ll leave for careers they trained for in college, could weaken a work force now largely made up of home-grown teachers who plan to stay in the district.

“I don’t want to lose out on the strengths that I see that we have now, which is teachers who actually went to school in SAISD and then come back to give back,” Potter said.

David Moreno, principal at the Todd 9th Grade Campus in Donna where Cerny teaches, thinks TFA educators are a great investment. They are a window to life outside of the Rio Grande Valley, and he likes their strong work ethic and energy for the job.

“We get them every year, and we love them here,” he said. “Our experience is the majority of them finish their commitment and stay here longer.”

The school employs about a dozen TFA corps members, including Cerny, and alumni, who stayed after their commitment was up.

The teaching bug

Cerny worked as an outdoor educator for a land conservancy while she was in college at the State University of New York at Geneseo. While doing that job, she saw how varying economic backgrounds could drastically affect academic opportunity — even for kids who live just 40 miles apart. That sparked an interest in teaching that led her to TFA.

She tried to prepare for the job as best as she could, doing Internet research about the Rio Grande Valley, reading books and spending some time at the Todd campus at the end of last school year.

Then she taught a summer school class while undergoing five weeks of training in Houston, during which she was taught how to plan lessons, manage her classroom and other basics. But, nothing, she said, could prepare her for the rigors of teaching.

She typically arrives at 6:45 a.m. and leaves 12 hours later. She’s now offering two-hour Saturday tutoring sessions to any student who wants help.

One of her first challenges was finding a curriculum beyond the list of objectives the state mandates she teach.

“I did some fancy footwork,” she said. “I had to go over to the high school and ask some people, ‘OK, what am I supposed to be teaching? Where is like, the timeline?’”

Scott Therkelsen, the school’s dean of instruction, is a TFA alum with a master’s degree in mechanical engineering from the Massachusetts Institute of Technology. He arrived at Todd in 2005 and the progress he’s helped to make at the school has kept him there.

He said when he arrived, the school was labeled a “persistently dangerous” campus by the federal government and only about a quarter of the students passed the math TAKS test. The school has shed the unfavorable label, and, last year, 66 percent passed math.

From the outset, though, he had planned on staying in education.

“I didn’t join TFA to teach for two years and then go back to my other life,” Therkelsen said, touching on one of the common criticisms of the program. “I joined because I wanted to be a teacher, but I didn’t have a background in teaching.”

Despite her challenges, Cerny’s work appears to be paying off. Therkelsen handed out results of the last six-weeks benchmark, in preparation for the Texas Assessment of Knowledge and Skills, during a department meeting Thursday. Cerny felt pretty good about what she saw: Her biology students were among the highest performers.

Saturday, October 17, 2009

Berliner: Why Rising Test Scores May Not Mean Increased Learning

Berliner: Why Rising Test Scores May Not Mean Increased Learning
The Answer Sheet asked prominent researcher and educational psychologist David Berliner of Arizona State University to explain why rising standardized test scores may not mean that students have learned anything. Here is his post:

By David Berliner

A rise in test scores leads most people to believe good things are happening in their schools. Not unreasonably, politicians and parents alike infer that students have learned more when test scores go up. But since the No Child Left Behind (NCLB) law was passed that inference may be unwarranted. Sadly, there are numerous reasons why rising test scores may not be related to increases in student learning.

1). Virtually all states have changed the passing score on tests so that more children are classified proficient.

NCLB is bizarre since it requires that 100 percent of the children at a school need to be “proficient” in reading and mathematics by 2014. But at what score is one proficient?

The choice of a score for “passing” a test, or for being labeled “proficient,” “basic” or “exemplary,” are value-laden choices. They have little to do with statistics and measurement, and are, instead, political decisions.

Think of it this way: If your students, teachers, and schools were faced with inevitably and inescapably being labeled as failures under a law that is impossible to meet, but could instead be seen as successful by dropping the score at which students are classified as proficient, wouldn’t you be tempted to do that? Almost every state has done exactly that.

By fiddling with passing scores more children are declared proficient. But the increasing percentage of students declared proficient does not necessarily mean that students’ scores have actually risen, or that greater learning has taken place. It may only mean that more students are classified as proficient because the score needed to be classified “proficient” was lowered.

2). School districts across the nation engage in excessive, perhaps unethical, and, in some cases, illegal test preparation. This results in higher test scores, but not necessarily greater learning.

NCLB has resulted in large increases in test preparation activities to ensure that student scores go up, as required by the law. But the test was built to assess learning under “normal” conditions, not conditions in which students were drilled daily in tasks known to be similar to those on their state test. Normal conditions do not mean daily or weekly testing with exams suspiciously similar to those used by the state.

Data from all over the country suggests that it is not uncommon for 20-60 school days per year to be spent in test-preparation. Children can certainly be trained to answer questions in a certain way if they are drilled enough on items like those that will appear on their test. In that way, test scores can be made to increase. But that is not due to education, it is due to training. Under such circumstances it is not clear that authentic learning has taken place.

3) Familiarity with the objectives and the items on a test invariably results in increased test scores.

Teachers and administrators are not fools. If a test is given every year with the same objectives, built to the same curriculum standards, and using many of the same items from one administration to the next, teachers and administrators come to know what will be on the test.

Unless the testing company employed by the state is willing to change items frequently, test scores will inevitably rise every year. Test score increases may be due to teachers’ knowledge about what is on the test, or because students really learned more than the year before, but we do not know which explanation is appropriate.

It is expensive to change test designs and items frequently, so that usually is not done. The inevitable result is that a larger and larger percent of the children in a state score above the average that was obtained the first time the test was given.

The result is called the “Lake Wobegon Effect,” named after Garrison Keillor’s mythological Lake Wobegon, where “all the woman are strong, all the men are good looking, and all the children are above average.”

4) The test items we use do not tap the knowledge we really want to assess.

Most NCLB tests consist of many multiple-choice items, rather than essays or other techniques for the assessment of complex performance.

The reason for that is simple: multiple-choice items are cheap to produce and cheap to score. Also, by including lots of such items during any one testing session a test becomes more reliable. That is, the scores obtained are more dependable as indicators of whatever is being measured. In contrast, because of the time they take to answer, you can only have one or a few essay items per test session.

Because of the small number of essay items on a test, essay exams are usually not reliable indicators of learning. Unreliable tests should never be used to make decisions about students, teachers, or schools.

So we don’t see much in the way of essay testing. Furthermore, essay test items are much more expensive and time consuming to score. It boils down to this: Extensive reliance on multiple-choice questions makes it harder to be sure that deeper, more complex learning has taken place.

5) Afraid they could be fired or their schools closed because of NCLB test scores, district and school administrators invent ways to prevent the poorest performing students from taking tests.

Students are dropped or pushed out of school, certain students are suspended, and some students are moved to other schools mid-year so their scores will not be counted.

For example, because they were expected not to do well, more than 500 students from high schools in Birmingham, Ala., were dropped just before state testing. And in New York City political leaders had to apologize for policies that pushed out thousands of academically weak students from the schools. Pushing out the weakest students raises district or school scores.

Meanwhile, high performing students are pushed to take tests that they previously passed a second and a third time so that the average scores of a school or district will go up. Manipulation of test scores makes interpretation of those scores problematic. Untrustworthy data means we do not know if higher scores really equal greater learning.

Furthermore, the pressure that NCLB puts on teachers transforms the relationship between teachers and students from a caring one into an instrumental one. With high-stakes testing children are too frequently seen positively only if they can increase school test scores, and they are too often seen negatively if they cannot. A child’s worth has become their test score.

6) It is common for scores to go up because of cheating. For example, there are companies that look for anomalies in test scoring. They often find incidents such as a low-scoring student suddenly getting seven items right in a row, or a class in a low-performing school suddenly outperforming classes in a neighboring high-performing school. These may or may not be instances of cheating, but several hundred of these anomalies are associated with NCLB tests in many states.

In Texas, the State Department of Education refused to investigate one such discovery. This was not a surprise since it was uncovered that the head of the State Department of Education had for many years been turning in false scores from the district in which she had previously been a superintendent.

Wesley Elementary School in Houston provides another example. It won accolades for teaching low-income students how to read. The school was even featured on an Oprah Winfrey show about schools that “defy the odds.”

In 2003, Wesley’s fifth graders performed in the top 10 percent in the state on reading exams. The next year, as sixth-graders at the Williams Middle School, the same students fell to the bottom ten percent in the state. Confronted with data the Wesley teachers admitted cheating was standard operating procedure.

Conclusion: It is likely that there will always be some corruption associated with the people and the tests used to assess learning when so much pressure is on administrators and teachers to increase test scores.

This means that when scores do go up, we need to be wary. We need to investigate whether the rise in test scores is a real indicator of greater learning or some form of deception.

Unfortunately research suggests that deception and cheating in contemporary American culture, including our schools, has become more acceptable. Among the many problems associated with this cultural shift is that it is not easy to interpret the test scores associated with NCLB. We are no longer certain that a rise in test scores means that more student learning took place.

Caveat Interpretis! Let the interpreter of scores beware!

-0-


David C. Berliner is co-author with Sharon L. Nichols of Collateral Damage: How high-stakes testing corrupts America’s schools (2007). He is also co-author with Bruce J. Biddle of The Manufactured Crisis: Myth, fraud, and the Attack on America’s Public Schools (1995).

For more on cheating in contemporary American schools see Callahan, D. (2004): The cheating culture: Why more Americans are doing wrong to get ahead; and Nichols, S. N. and Berliner, D. C. ( 2006). The Pressure to Cheat in a High-Stakes Testing Environment, In E. M. Anderman & T. B. Murdock (eds): The Psychology of Academic Cheating.

Friday, October 16, 2009

Judge Justice dies at 89



This is a very nice article that touches on some of Judge Justice's contributions to the civil rights of our communities. The spirit of his life will forever touch lives of millions.

-Patricia


By Denise Gamino } AMERICAN-STATESMAN STAFF
Wednesday, October 14, 2009

His destiny was all in a name.

"Judge Justice."

William Wayne Justice was a giant in Texas history, the foreman of an audacious legal assembly line that churned out bulging packages of civil rights, equal justice and opportunities for the least among us.

Justice, a soft-spoken federal judge who roared in his class action rulings on human rights over the past 41 years, died Tuesday in Austin.

He was 89 and was still serving as a U.S. district judge in Austin, although illness had kept him out of the office for months.

A memorial service is scheduled for Monday at 10 a.m. at St. David's Episcopal Church in downtown Austin. A public reception will follow. Private burial will take place in the judge's East Texas hometown of Athens.

The judge also will be honored later with a monument at the Texas State Cemetery. The dedication of that cenotaph, which has not yet been scheduled, will be open to the public.

Justice was a legend in his own time. The very mention of his made-for-Hollywood name could turn state officials and conservative taxpayers red with anger but melt the hearts of reform advocates fighting to better the lives of overlooked people who had no clout.

People either thought "Judge Justice" was an oxymoron or simply redundant.

But today, most agree that William Wayne Justice shoved Texas, against its will, into the mainstream of society.

His legal compassion forever changed the lives of millions of schoolchildren, prisoners, minorities, immigrants and people with disabilities in Texas. He ordered the integration of public schools and public housing. He outlawed crowding, beatings and inhumane medical care in prisons and youth lockups. He ordered that community homes be provided to people with mental disabilities who were living in large institutions. He expanded voting opportunities.

And that was just the tip of the docket.

Justice also changed the landscape of public education. He ordered education for undocumented immigrant children and bilingual classrooms. And, back in the nonconformist hippie days of 1970, he ruled that bearded and long-haired students, including Vietnam veterans, had a right to attend public college. "I held that that was silly," he said in June 2009 while reminiscing about the old Tyler Junior College rule forbidding long hair on male students.

Some of the class action cases, many of which were the largest institutional reform lawsuits in America, dragged on for decades and outlasted a long string of Texas governors, lawyers and even some of the original plaintiffs.

All the while, the genteel and courtly judge slept easily at night and always kept his number listed in the public telephone directory in the conservative East Texas town of Tyler, where he served for 30 years before moving to Austin's federal court in 1998 to be closer to his daughter.

He chose to ignore the many death threats, mountains of hate mail and cold shoulders from strangers and close neighbors alike. He recently recalled walking into a Tyler gas station after striking down the long-hair ban. "The place went silent," he said, and the old-timers stared into their coffee cups. It was just another daily snub for a man who challenged people's prejudices. One of the coffee drinkers looked out the window, saw a couple of long-haired young men and said, "They ought to be in the penitentiary."

William Wayne Justice was "perhaps the single most influential agent for change in 20th-century Texas history," according to his official biographer, Frank Kemerer, who was a professor at the University of North Texas for almost 30 years.

"Through a series of momentous judicial decisions, his influence would sweep across the Texas landscape far beyond the geographic boundaries of his court and out into the nation," he wrote in "William Wayne Justice: A Judicial Biography" (University of Texas Press).

Justice was at the top of the list of so-called activist judges who, as a general group, are often accused by former President George W. Bush and other legal conservatives of interpreting the U.S. Constitution too expansively. But Justice took to heart a U.S. Supreme Court ruling in 1958 that, in essence, the Constitution and its amendments are "not static" and must draw "meaning from the evolving standards of decency that mark the progress of a maturing society."

"I was never underprivileged, but I have human feelings. If you see someone in distress, well, you want to help them if you can," Justice told the American-Statesman in 2006. "I hope people remember me for someone trying to do justice. That's what I've tried to do."

The late Barbara Jordan, the first black woman from the South to serve in the U.S. Congress when she was elected from Texas in 1972, once said Justice "helped officials in Texas state government see their duty clearly."

It may be difficult for Texas newcomers or younger generations to picture the slight, humble man with the lopsided grin who worked out regularly at the YMCA as someone who once was so despised by many Texans that bumper stickers called him the "most hated man in Texas." Thirty of his more than 40 years as a federal judge were spent in Tyler, where more than 10,000 of the 65,000 residents signed a petition to try to have him impeached. Repair people refused to work on his home, and when he entered a restaurant, other patrons walked out.

But today's 21st-century Texas is different from the segregation and close-minded thinking that pervaded the state in 1968, when President Lyndon Johnson appointed Justice to the federal bench in East Texas, where the judge was born and raised.

Justice's courtroom in Tyler was just 35 miles from the smaller and more liberal town of Athens, where he was born on Feb. 25, 1920. Justice's father had been a flamboyant and highly successful criminal lawyer in Athens who added his son's name to the law office door when the boy was only 7.

William Wayne Justice, a lifelong bookworm and sports enthusiast, knew he wanted to be a lawyer. He attended undergraduate school at the University of Texas and graduated from its law school in early 1942. He then served nearly four years in the Army during World War II, ending up in India as a first lieutenant. He practiced law with his father during the 1940s and 1950s. He was swept off his feet in the mid-1940s by a beautiful young woman named Sue Rowan, who became his wife on March 16, 1947. They had one child, Ellen, who lives in Austin with her husband.

While practicing law, Justice served two terms in the part-time position of Athens city attorney. Both Wayne and Sue Justice became active in Democratic politics and befriended the late U.S. senator from Texas, liberal Ralph Yarborough. In 1961, Justice was named U.S. attorney for the Eastern District of Texas. He was reappointed in 1966.

By the time Justice was sworn in as a federal judge two years later, he had amassed broad experience in the courtroom. Though he had never been the victim of discrimination or deprivation, he had been introduced to the downtrodden world and woes of the have-nots through his legal work, his parents' guidance and the views of his humanitarian wife. In addition, a series of childhood illnesses that he overcame, such as chronic whooping cough, had given him valuable insight into the suffering of the underdog.

"It's when you're weak like that, you get picked on, and I guess that's where I developed an attitude where I can understand the people that are oppressed," he told the American-Statesman in 2006.

Justice's ascension to the federal bench came at a time of social revolution and upheaval in America, and he was ready. It didn't take long for him to begin roiling the status quo in rulings that were received like bombshells from the bench.

He threw himself into one of the early cases filed in his court, the dispute about whether Tyler Junior College could require male students to have short hair, trimmed mustaches and no beards to ensure a peaceful campus. "Unconstitutional," Justice quickly ruled. The best and worst of men throughout history sported hairstyles popular in their day, he said. Further, he noted, nearly every delegate to the Constitutional Convention would have been banned from Tyler Junior College because of his grooming habits.

Next up were several local school racial desegregation cases, which prompted the U.S. Justice Department to file a class action suit in his courtroom seeking to end racial segregation in all Texas schools. The case, United States v. Texas, was filed in 1970, 16 years after the U.S. Supreme Court had banned segregated schools in Brown v. Board of Education.

In Texas, it was not unusual for students in all-black schools to have outhouses rather than indoor restrooms or to have orange crates instead of chairs. Some schools had only Hispanic students whose classroom resources were subpar.

Justice quickly sided with the federal government and ordered integration of schools.

It didn't take long for reform advocates to find their way to his East Texas courtroom, where they filed class action cases aimed at forcing Texas to provide society's outcasts with the liberty, justice and equality guaranteed by the U.S. Constitution.

In 1971, legal advocates for Texas youths incarcerated in facilities run by the Texas Youth Council filed a class action lawsuit known as Morales v. Turman. The case focused on illegal commitments, inhumane treatment, beatings and the use of Mace on youths, unsupervised and poorly trained guards and punitive practices. Some inmates were forced to pick weeds all day, shovel dirt and throw it back, or dig dirt all day with spoons.

Justice found the conditions in the youth facilities unconstitutional and forced the state to make sweeping reforms.

In 1972, a state prison inmate from Austin, armed robber David Ruiz, filed a 15-page handwritten petition in Justice's court. The judge consolidated it with filings from other inmates into a class action suit against the Texas prison system known as Ruiz v. Estelle. By the time the case was settled in 2002, the state had been forced to make sweeping changes and expansions to prisons. Gone are the days of using brutal inmates to "guard" other prisoners and having one doctor for the entire system, overcrowding and long stays in solitary confinement as punishment for trivial violations. It became the most massive prison reform case in the country.

Justice once told a reporter, "I was haunted by the horrendous tales of physical abuse. You try to avoid emotion ... but you don't always succeed, though."

In 1974, parents of several residents in state institutions for people with mental disabilities filed a federal lawsuit demanding improvements in the so-called state schools. The Lelsz v. Kavanagh class action case ran for more than two decades and exposed deplorable conditions in the institutions, including hosing down groups of residents in lieu of bathing them, rapes of female residents who became pregnant and gave birth with no idea of what was happening to their bodies, fatal beatings, woefully inadequate medical care and a lack of appropriate activities for the residents. Justice ordered that hundreds of residents be moved into apartments and group homes in the community. The 21-year-old case was settled after the state closed two of the 13 state schools (now called State Supported Living Centers), including the Travis State School in East Austin.

In 1977, Doe v. Plyler landed in Justice's court after the Tyler school district refused to admit children of undocumented immigrants unless they paid $1,000 in tuition, an impossible feat for immigrant families who earned an average of only $4,000 a year at that time in Texas. The state had outlawed free education for noncitizens in 1975. But Justice ruled, in the first federal opinion of its kind, that undocumented children and young adults have the same right as U.S. citizens to attend school in Texas. Appeals landed the case before the U.S. Supreme Court, which upheld Justice's decision. The landmark ruling extended the education right nationwide.

"We've had more cases involving discrimination, I suppose, in Texas than most other Southern states," Justice told the Statesman. "We've had discrimination against blacks and against Mexican Americans. You name it; we discriminate against it until somebody tries to correct it.

"I thought injustice was being done (with the $1,000 tuition law). It was unconstitutional. The Supreme Court upheld me 5-4. As a result of that decision, I think probably several million children got an education. And that's the case I'm most proud of."

It's also the case his wife, a lifelong champion of the oppressed, cherishes as her favorite ruling. Sue Justice told Kemerer, the judge's biographer, that a small bouquet of flowers arrived at her home shortly after her husband issued his ruling. It was signed with two X's and one illegible name, so she called the florist for more information.

"He told her that three Mexican laborers had put down two dollar bills and some change — all the money they had — and asked that the flowers be sent to Mrs. Justice," Kemerer wrote. Sue Justice told him, "That very meager bouquet of flowers went a long way to make up for all the suffering I've experienced" as the wife of a controversial jurist.

The Justices had long wanted to transfer to Austin, but other federal judges were reluctant to allow him to move to an even more visible venue that could attract additional high-profile reform lawsuits. But a deal finally was struck, and the Justices moved to Austin in 1998. Shortly before the move, a group of Tyler men met in a barbershop on the edge of town to try to take up a collection to help the judge with his moving expenses.

After transferring to the federal bench in Austin, Justice was mostly assigned immigration and drug cases in Del Rio, where he traveled regularly for court with his law clerks and court reporter. The drive was long and the weather was hot along the Mexican border, but Justice never complained.

In recent years, he has received national recognition for his work to right the wrongs of repression.

In 2004, the UT Law School honored Justice by renaming a center after him. The William Wayne Justice Center for Public Interest Law promotes the importance of pro bono work, public service and public interest law while encouraging students to try to increase access to justice for all.

"Judge William Wayne Justice has been and is one of the great and courageous judges of our time," then-UT Law Dean William Powers Jr. (now the UT president) said when the center was renamed.

In 2006, Justice traveled to New York to receive the first Morris Dees Justice Award, named for the Southern lawyer who has spent a career fighting racism.

In 2007, at a birthday tribute for Justice at the UT Law School, U.S. District Judge Keith Ellison of the Southern District of Texas spoke with passion about his colleague.

"He has, through his hard work, his high purpose and his undaunted courage, helped make the American dream accessible to millions of men, women and children for whom it was previously thought hopelessly out of reach. ... He has always shown a gentle identification with the oppressed and a towering rage against the oppressor."

Now, Justice's historic gavel has been silenced. But its mighty sound will reverberate through Texas forever.

dgamino@statesman.com; 445-3675

As schools grow more diverse, districts compete for the same pool of minority teacher candidates

By TRACI SHURLEY |Star Telegram
Oct. 14, 2009

ARLINGTON � When two civil-rights organizations asked Arlington school trustees to consider switching from at-large to single-member districts last month, their explanations highlighted an issue that districts across Texas face: a disparity between the high percentage of minority students and the low percentage of minority teachers.

"I used to go to school with my daughters, and the only Hispanics we would see were the custodians and the food-service workers," said Luis Castillo, president of Arlington Council 4353 of the League of United Latin American Citizens. "I don�t want my little girls to grow up and think Hispanics are only good for that. I want her to see that Hispanics are also teachers, counselors, principals."

He hopes single-member districts would lead to more minority representation in the district�s leadership and trickle down to the classrooms.

Arlington�s demographics have changed dramatically in the last 10 years. The number of minority students grew from about 49 percent in 1999 to about 71 percent this year. Meanwhile, the district has only about 22 percent non-Anglo teachers and 26 percent non-Anglo administrators.

School leaders said they are working to narrow the gap, but others say they have lots of work to do. And Arlington isn�t the only district facing this struggle. Though the disparities vary, districts across Tarrant County have far lower percentages of minority teachers than they do minority students, according to the most recent numbers available from the Texas Education Agency.

"We�re all competing for the same small pool," said Marilyn Evans, Arlington�s assistant superintendent of personnel. "You have to jump out there and make yourself unique in some way so that the pool is attracted to you."

In Fort Worth, for example, 85.7 percent of the district�s 79,000 students in 2007-08 were minorities, compared with 38.3 percent of its teachers. In Hurst-Euless-Bedford, it was 48.8 percent compared with 12.4 percent.

Local personnel administrators said they are trying to change those numbers because they know that minority students need minority teachers to look up to. They also want their schools to reflect the diversity of the wider world.

"It�s always been our desire to reflect the student body," said Terry Buckner, director of recruiting initiatives for Fort Worth.

Teachers, she said, provide the first role models for students who may wonder what they can achieve by going after a college degree.

"Our students don�t necessarily see engineers every day. They don�t see bankers every day. They don�t even necessarily see doctors or nurses every day, but they do see teachers," she said.

Efforts under way

In 2007-08, minorities made up more than 65 percent of the public school student population in Texas, but only 32.5 percent of the teachers were minorities. Schools face challenges to finding enough minority teachers, said Richard Kouri, director of public affairs for the Texas State Teachers Association.

"We have a shortage of certified teachers in Texas to start with," Kouri said. "The recession over the last 12 months sort of made that perhaps less of an issue, but still, we have about 50,000 classrooms that don�t have appropriately certified teachers."

In addition, he said, minority college graduates are in high demand as companies all over Texas try to create more diverse work forces. School districts also compete against one another for the same group of students, he said.

Buckner agreed.

"All forms of business and commerce are pulling at the best minority students and college graduates," she said. Fort Worth has approached the challenge on several fronts, she said.

The district�s representatives hit job fairs at historically black colleges and universities and schools that serve high percentages of Hispanics, even if it means going out of state, to Tennessee, for example. Fort Worth also has a designated minority recruiter.

Evans said it�s difficult to know how many applications Arlington receives from minority candidates because they can�t ask about an applicant�s ethnicity. But, she said, the district has also stepped up its attention to job fairs at historically black and high-Hispanic-enrollment institutions.

In addition, Arlington recently spent $2,745 to have information about the district listed on two Web sites that appeal to minority candidates. That way, the district can get its name out at colleges nationwide.

"The new generation is very much into social networking and doing more things with e-mail and online," Evans said. "So more of your younger recruits don�t even come to the job fairs; they�re more interested in things online."

Two years ago, Arlington also created a work force diversity committee, a group of staff and community members who advise administrators on how to attract minority candidates and help them succeed. It played a big role in the district�s recent implementation of a diversity training course for all employees.

Though they don�t go out of state, personnel recruiters in H-E-B have also tried to increase their profile at universities with high minority enrollment, said Callie Hearne, assistant superintendent of human resources. In the last few years, the district has held its own job fair to increase the pool of teacher applicants.

H-E-B wants to increase its minority teacher representation to 20 percent by 2014, a goal that leaders feel is realistic.

"Hopefully we�ll exceed our goals," Hearne said.

Some progress

Though adding minority teachers is important, it�s not the primary focus when principals make hiring decisions, according to two of the Arlington district�s minority administrators. Fernando Benavides and David Gutierrez, principals at Boles Junior High and Thornton Elementary, respectively, said they look at everything a candidate offers.

"For me, it�s about not so much a minority versus a nonminority.  . . .  It�s just a matter of finding the right fit for my campus," said Gutierrez, whose school has more than 37 percent minority teachers.

Ultimately, he wants a teacher who can connect with students.

"I believe that if you have a teacher that can build good, positive relationships with students in the classroom, it doesn�t matter if they�re a minority," said Gutierrez, a member of the district�s work force diversity committee. "In my mind it�s about being able to reach the kid and to understand where they come from."

Castillo, who also serves on the diversity committee, said he believes that the number of qualified minority candidates has increased so much in the past few decades that the district should be doing better at hiring minorities.

Jacqueline Echols, a teacher in the district for 20 years, agreed that minority hiring is behind where it needs to be. Still, she and Terry Meza, past president of LULAC Council 4353, said the work force diversity committee is an encouraging step. Both women serve on it.

Meza said the panel is more than window dressing: Administrators value and act on its input.

She said she wishes the hiring of minority teachers was progressing faster.

However, she added: "From the school district perspective, they only have a certain number of positions open every year.  . . .  It�s not like we�re starting out with a new organization, a brand-new organization, and saying, 'OK, we�re going to try to hire percentages that reflect the community.� "

University Sues Student Blogger

October 16, 2009

Butler University has sued an undergraduate student for making libelous and defamatory statements about administrators on a blog he kept anonymously.

Details of the case became public last week when Bill Watts, an English professor at Butler, wrote a piece in the student newspaper and sent an e-mail to the university’s Faculty Senate in which he questioned “the practice of suing our own students for their utterances.” The e-mail provoked a written response from Bobby Fong, Butler president, who defended the lawsuit Tuesday at a Faculty Senate meeting, noting that “academic freedom does not provide protection for defamation and harassment.”



Jess Zimmerman, a junior at Butler, created “TrueBU Blog” in October 2008 to chronicle happenings he deemed of import at the institution. Though he managed the blog anonymously under the tongue-in-cheek moniker “Soodo Nym,” he has recently come forward publicly. In addition to posts by Zimmerman, the blog also featured “reports” from other anonymous faculty and student “correspondents.”

In his first post on the blog, Zimmerman writes, “This is not a forum for attack. It is a forum for truth.” He also asks that all commenters and fellow posters “please refrain from making ad hominem attacks,” noting that “they will not be tolerated.”

The blog did not attract much traffic until December 2008, when Zimmerman started chronicling what he viewed as the unfair dismissal of Andrea Gullickson, then chair of the Butler’s School of Music and Zimmerman’s stepmother. (Gullickson, who retained her faculty job, said that until recently, she did not realize the author was her stepson.) In multiple posts, Zimmerman cites various other anonymous sources and internal e-mails in presenting a case as to why he believes Peter Alexander, dean of Butler’s College of Fine Arts, and Jamie Comstock, Butler’s provost, acted “inappropriately and inexcusably” in their handling of Gullickson’s departure. During that month, Zimmerman said, the blog received more than 2,000 hits.

Just before the New Year, Zimmerman took down the blog after receiving an e-mail (to his anonymous account) from the university’s lawyer noting that it was pursuing charges against him.

The Lawsuit

In January, the university filed a libel and defamation suit against “Soodo Nym,” listing numerous statements from his blog that they argue “have harmed the honesty, integrity, and professional reputation of Butler University and two of its high-level administrators.” University officials insist that, at the time the suit was filed, they did not know that Zimmerman was the blog’s author, and they hoped the case would identify the author.

Michael Blickman, one of the university’s lawyers, wrote in an e-mail that the university “had a sense that the blogger could have been [Zimmerman] or another student” but that it also “could have been an outsider.”

As late as Thursday evening, even though Zimmerman had openly admitted to Butler’s student newspaper and to Inside Higher Ed that he was the blogger, Blickman maintained that Zimmerman “has yet to acknowledge this to the university.” As for naming Zimmerman to the suit in place of the current “John Doe,” Blickman said the university “is reserving all options” in the future.

Among the specific statements written by Zimmerman that the university deems libelous include the following description: “Peter Alexander, Dean of the [College of Fine Arts] is power-hungry and afraid of his own shadow. … He drives away talented administrators. He frustrates students within the departments. He hurts the ability of the school to recruit talented students and faculty members. He announces to the campus that the Butler Way, the ideals for which the school and everyone at it stands, mean nothing.”

The university also takes umbrage at Zimmerman’s description of a meeting Alexander had with the School of Music, regarding the departure of Gullickson, a well-liked chair who received favorable reviews from her peers. Zimmerman writes that Alexander “lied” to faculty and left the meeting “embarrassed” for having done so. The university also challenges Zimmerman’s claim that Alexander and Comstock were, as the suit phrases it, “engaged in a conspiracy to misrepresent the circumstances of the departure” of Gullickson as chair.

The university noted in the suit that administrators “have received threatening/harassing emails in connection with the events reports on the TrueBU Blog.” One such e-mail was sent from Zimmerman on Dec. 25, wishing Alexander and Comstock a “very merry Christmas and a good new year,” but adding that “I haven’t forgotten the abuses of power and poor leadership you showed last semester.”

Fong also noted in his written statement Tuesday that Comstock had received another e-mail that made her fear “for her own safety, for her husband for her house and property.” Fong quoted the e-mail as having read, “We can create much more trouble for you than we have so far.” Zimmerman and Gullickson both said they were not responsible for the e-mail and did not know who had penned it.

Identifying the Blogger

Even though the university had filed a suit against “Soodo Nym,” Zimmerman said he was unaware of any legal action being taken against him until early last summer.

Then, Michael Zimmerman, Jess’s father and a biology professor at Butler, did not have his contract as dean of the university’s College of Liberal Arts and Sciences renewed. After hearing that Comstock had openly disparaged him and misrepresented the nature of his departure as dean to members of the college’s Board of Visitors, Michael worked with his lawyer to get Comstock to retract her statements. He said his goal was not to get back his position as dean, noting that like Gullickson, he was content to move on from what he felt was an injustice and return to a teaching position.

In working to get an out-of-court settlement with the university regarding Comstock’s statements about Michael, university attorneys approached Michael’s lawyer with terms that sought to settle not only his complaints but the suit they had filed against his son, Jess, regarding the blog. It was at that point, Michael and Gullickson said they became aware of their son’s sole involvement with the blog.

Dan Altman, Michael and Jess’s attorney, said the university’s attorneys approached them with a settlement that tied both cases together, even though he considered them separate matters. He noted that they made settlement in Michael’s matter contingent upon Jess agreeing to submit to university punishment for the blog and signing away any right of appeal to the university’s decision. Also, the university’s attorneys wanted both father and son to sign confidentiality agreements, mandating that they not speak about either the blog or Michael’s case. Negotiations fell apart a few months ago, he said, when Michael and Jess did not agree to these terms, not knowing what punishment to which Jess would be subjected.

“I don’t think there’s any thing libelous in that blog,” Altman said. “There might be some opinions that Butler people don’t appreciate about certain things, but there’s nothing untruthful. I think the difficulty with the blog is that it was anonymous. If you know where the source is, then there’s a different way to interpret things. If they knew the source, I don’t think they would have interpreted the blog as something that would reach harassment. In regard to the e-mails being cited as harassment, I think any reasonable person would not have interpreted them that way.”

Altman said he believes the case being brought by the university is a strategic lawsuit against public participation [SLAPP], intended to silence his client and burden him with with the cost of legal defense until he ceases his criticism of the administration.

“This isn’t about winning,” Altman continued. “I mean, what damages are they going to get out of a college junior?”

On behalf of the university, Blickman said the case was not a SLAPP and characterized the failed settlement between Michael, Jess and Butler differently.

“Butler University found itself in a position where individuals felt harassed and they believed that Soodo Nym's mission was to maliciously harm their reputations,” Blickman wrote in an e-mail. “We came to the defense of these individuals. Butler did not know Soodo Nym's identity until June. We pursued a resolution that we felt was fair for all parties. Regrettably, that did not occur. The university is following its normal and customary processes in handling this matter.”

He also countered that the university’s suit was fair and reasonable, considering what the blog contained.

“Some people mistakenly believe that the Internet is the Wild West where no rules apply,” Blickman wrote. “But that is just wrong. It is simply a venue no different than the newspaper or the town square. If you defame someone on the Internet you should be held accountable. You can't hope to find shelter from the First Amendment when you engage in serial harassment and defamation. The Founding Fathers certainly could not have imagined the Internet but they surely never intended our First Amendment to protect individuals who engage in malicious conduct that harms others. I suggest that you review each entry in Soodo Nym's blog. It is not appropriate to consider a single e-mail in isolation. If one reads the entire blog the only reasonable conclusion that can be reached is that Soodo Nym's comments were defamatory and legally actionable.”

Impressions of the Case

Now that he has identified himself as the blogger, Jess Zimmerman said he has no regrets about anything he wrote under the previously anonymous moniker “Soodo Nym.”

“I’m willing to say that I might not have been as nice as I could have or should have been,” Zimmerman said. “But, being a little mean isn’t harassment, libel or defamation. There can be good reasons for remaining anonymous. Butler being so small is a blessing and a curse. It’s great that everyone knows everyone, but it can make it hard to discuss serious issues. I’m not in the game of playing hindsight is 20/20. I believe I would make the same decision to be anonymous again.”

He was also willing to acknowledge that the situation involving his stepmother might have affected his writing or decision to write. Still, he noted that he would have done the same for anyone “suffering a similar injustice,” calling himself a student who was “concerned” and wanted to “do something to help the situation” by making it public.

Now that he has come forward as the former “TrueBU” blogger, Jess has started a new blog, “I Am John Doe” to chronicle openly the lawsuit being filed against him by the university. He said he feels it will be “less stressful” to “put [his] name on this blog.”

Michael Zimmerman, while making plain that he and his wife played no role in Jess’s blog, said he was “incredibly proud” of how his son has “handled himself,” noting that his blogging was an example of him putting to use the critical thinking skills the university has taught him.

“The question of whether or not he should have been anonymous from the beginning is an interesting one,” he said. “In particular, I don’t think there’s any second guessing or looking back. … I honestly don’t think people should put so much emphasis on his being anonymous. What’s the difference? If what he wrote was appropriate and he had documents to back everything up, what does it matter that he signed it or not?”

Andrea Gullickson expressed a similar sentiment, but said a “culture of fear” pervades Butler to the point where being anonymous is often the only way students and faculty members feel they can voice concern.

Of what her family has gone through at Butler, she said, “We want to move on with our lives.”

Out-of-State Dreams

October 16, 2009

At a time when getting admitted to many flagship universities is harder than ever, a growing number are considering plans to increase enrollments -- dramatically in some cases -- of out-of-state applicants.

The theory behind these plans is straightforward: Public universities charge much more for out-of-state students; the parents who must pay those bills vote in other states, so these tuition dollars are much less politically costly than those gained by raising in-state rates; states have run out of money. Add those factors together, and all of the sudden everyone wants a larger national student body.



Some flagships have been doing this for years. At the University of Vermont, three quarters of freshmen are from out of state, and the University of Delaware routinely enrolls more from out of state than in state. But whether out-of-state enrollments can grow nationwide -- and whether they should -- is doubted by many policy experts.

They note that the states that successfully enroll many non-residents don't have massive in-state demand. Some worry that the quest for high non-resident tuition will amount to an increased emphasis on enrolling wealthy white students -- those who are likely to be well served by some college no matter what. And guidance counselors who work with students say that this strategy may work for some institutions, but may be a flop at others.

Nonetheless, it's clear that the terrible budget situation has many flagship presidents thinking that this policy shift needs to happen (even if none of them would approach the levels of Vermont or Delaware). Consider these ideas and policies that are in play:

* The University of California at Berkeley is planning to admit more out-of-state residents this year. Berkeley's non-resident undergraduate population is quite low (around 10 percent typically, counting both U.S. residents outside California and international students). Robert Birgeneau, the chancellor, told The Contra Costa Times that he hopes that the shift will set off some anger from California residents, saying: "Actually, I hope for some pushback. This is connected to the state's failure to pay for the University of California."
* While faculty leaders at the University of California have been critical of the administration's management of the state's severe budget crisis, they too are calling for more out-of-state students. Department chairs at UC San Diego issued a statement calling for significant increases in out-of-state enrollments. "Admitting more students from other states would also enhance UCSD's national reputation and it will benefit California in the long run since a significant number of American students who go to university out of state end up settling in the state where they attended university. It is in California's interest to attract some of the best and the brightest high school graduates from around the country, to provide them with a world‐class education and then to reap the tax revenues that result when these university graduates enter California's workforce," said the statement.
* The University of Massachusetts at Amherst is planning to increase undergraduate enrollment by 15 percent over the next decade, with the additional students coming from out of state. If the plan succeeds, the share of undergraduate enrollment from outside Massachusetts would grow to 30 percent from 20 percent.
* Rutgers University, where out-of-state enrollment is currently about 10 percent, is planning a gradual increase to about 25 percent.
* The president of the University of Colorado wants the state to lift caps on non-resident enrollment.
* The comptroller of New York State issued a report last month calling on the State University of New York to increase non-resident tuition, with the goal of increasing revenues

The primary motivation in just about all of these moves is money. According to data released Wednesday by the National Center for Education Statistics, during 2008-9, public four-year institutions nationally reported average tuition and required fees of $6,070 for in-state undergraduates and $14,378 for those from out of state.

State philosophy on out-of-state enrollments varies widely, although very few institutions approach the ratios of Vermont. The University of Michigan has a high out-of-state percentage, with only about two-thirds of slots going to Michiganders. The University of North Carolina at Chapel Hill, in contrast, has a freshman class that is 82 percent in state.

The Policy Questions

The fear many public universities have had historically about out-of-state enrollment increases has been a backlash from parents and lawmakers who resent the idea (even if it may not be true) that non-residents may be taking slots away. That's why universities in less populous states have long relied on non-residents -- while being able to tell their legislators that their constituents aren't losing out. On its admissions Web site, the University of Delaware draws attention to the differing admissions rates for in-state applicants (69 percent) and out-of-state applicants (between 42 and 48 percent).

Daniel Fogel, president of the University of Vermont, said that his institution is "kind of a poster child for long-term reliance on non-resident students," but that Vermont's demographics make that possible. "There aren't enough high school graduates to populate a research university with the programs the state would like its students to have," he said.

So while the out-of-state tuition helps financially, there are educational gains by having the critical mass to support a broad range of majors and research centers, he said. Fogel said that he still hears complaints from Vermont citizens, but that they generally understand the educational case he makes in response about why the university needs non-resident students. Nearly 12 percent of this year's freshmen are minority students, and that's a level of diversity that would also be impossible without the out of state students, Fogel said.

Fogel noted that to have a steady stream of high quality out of state students, public universities need to do more than just open their doors. Vermont has an extensive alumni network involved in identifying and recruiting applicants, many second and third generation out of state families connected to the university, and long-term relationships with high schools that are outside the state. In many respects, he said, Vermont's admissions operation resembles that of a private college -- and involves long-term investments that not all public universities make.

A concern for the universities seeking more out-of-state students, Fogel said, is a shift away from public mission. "There is the risk of subtly and not so subtly undermining the public mission," he said. "Then you are like a private university that isn't at the top of the pecking order, looking for the sweet spot of the kids who are qualified to come and can pay all or most of the cost, and that's a pretty market-driven agenda."

Others share that concern. Patrick M. Callan, president of the National Center for Public Policy and Higher Education, said he worried about any state -- like California -- that moves to recruit more out-of-state students at a time when there are qualified residents losing slots, and those being recruited are likely to be less diverse than the residents of the state. He noted that most University of California campuses have more ethnic and racial diversity than much of American higher education. "So now that the majority of kids in the state will be more Latino, you are going to recruit more out-of-state students" who are likely to be white? he asked.

While Berkeley officials and UC faculty members have said that they believe any lost slots in California will build political pressure to support higher education, Callan said he was "very skeptical." He said he doesn't see signs that the public would respond in that way. "There's a danger here that you cut off your long-term support," he said.

At the same time, Callan acknowledged that in California and elsewhere, state officials considering these options face terrible budgets. "It's the dysfunctional nature of state government that makes these things possible."

David L. Kirp, a professor of public policy at Berkeley and the author of Shakespeare, Einstein and the Bottom Line: The Marketing of Higher Education, said he viewed the out-of-state trend as "one of those lamentable necessities." He said that the University of California campuses and some other flagships have been "an equal opportunity gateway" for so many low-income students. Ultimately, he said that these plans work financially only by going after well-off students, and thus can encourage universities in that direction. You can easily end up, he said, with public universities "with a private school profile."

And in some states, it's not even certain that drawing in more out-of-state tuition revenue would help the university system. Nancy L. Zimpher, chancellor of the State University of New York, said she's intrigued by the idea of admitting more out-of-state students and using the extra funds to help improve SUNY for all of its students. But she noted that in SUNY's recent tuition hike, almost all of the additional money raised went to the state, not to SUNY. "How can we recruit out of state students on the assumption that they will help the university" if very little of the money ends up on campuses? she asked.

Zimpher also noted the importance of competition for non-resident students, and especially for international students. If lawmakers push for sharp increases in non-resident tuition as a money-raising strategy, it could backfire "and you can price yourself out of the market," she said.

Attracting more out-of-state students could benefit the state, she added. "We're a state that really wants in-migration," she said. But good tuition policy needs to be sensitive to the different demographics of different campuses, the need for campuses to serve the existing population, and a range of other factors. "I'm very interested in the proposition" of more non-New York students, she said, if the policies are set up correctly.

Will They Come?

Beyond the policy questions, there is of course another issue: If flagships open up more slots to non-residents, will top students apply?

Guidance counselors and consultants who advise students and their families about admissions here have very mixed reactions. Most say that there is no doubt that if Berkeley wants more out-of-state students, it will have no problem finding them -- with the highest of academic qualifications. The same is true for other highly prestigious universities.

Moving down a little bit in the pecking order, there may be more challenges. And the expectations vary considerably based on geography.

Julie A. Manhan, founder of College Navigation, advises students in Washington State. Most stay close to home. Of those looking out of state, "it's more about geography than anything else," she said. Many want to go someplace where they don't need to carry an umbrella at all times, so California is by far the biggest draw. Depending on the academic qualifications of her clients, she has students looking at a variety of University of California and California State University campuses. Looking at similar academic institutions without the California sun would be a hard sell, she said.

Generally, those of her clients who end up in the Northeast are almost always drawn by private colleges.

Jim Jump, president of the National Association for College Admission Counseling and director of guidance at St. Christopher's School, in Richmond, said he also sees clear patterns in student choices that may make it difficult for some public flagships to attract them. Many of his best students do look out of state, but typically at private colleges, he said. Those who go to out-of-state publics -- frequently applying in the states south of Virginia -- are those worried that they can't get in to the University of Virginia, Virginia Tech or the College of William and Mary, and who think (correctly) that they may have better luck in another state.

He said that if flagships outside Virginia start taking more out-of-state students, "it will make only a marginal difference for my students," in part because Virginia has great public options in state.

John B. Boshoven, director of college counseling at a public high school in Ann Arbor, Mich., said his students might seem perfect for this flagship strategy. They grow up in the shadow of the University of Michigan and many thus love the idea of a big research university, but many still don't want to go to college in their hometown. This results in some looking at Michigan State University or the other public universities in Michigan, and some considering other Big 10 institutions, such as the University of Wisconsin at Madison or the University of Minnesota-Twin Cities.

The kinds of students who consider those choices may be the ones who would benefit, if those institutions were to admit more non-residents. But Boshoven said that even though he holds those universities in high regard, he also always asks students and parents a question when they consider these choices: "Are you willing to pay $10,000 or $15,000 more for a similar education with a different zip code?"

And as a result, the typical pattern is for his best students to go to Michigan -- or, if they leave the state, to go to small private colleges, having made the decision that they want to study at a liberal arts college, not a research university.

The way flagships outside of Michigan could become more competitive for his students, Boshoven said, would be to offer generous merit scholarships, which many already do through state scholarship programs designed to attract the best in-state students. Boshoven said that parents "feel valued" when their children are offered merit scholarships, and might "buy into this approach," even if it means a higher bill than would have been the case for an in-state institution. Of course, such discounting also cuts into the revenue that flagships are hoping to gain.

Mark A. Montgomery, a Colorado-based consultant to applicants and families, said he sees interest in public universities outside of the state, but mainly either those with very strong reputations -- "the Berkeleys, the Michigans, the North Carolinas" -- or those that are close and have strong recruiting efforts in the state. He cited the University of Wyoming and Montana State University as two institutions that have built awareness in that way.

His clients who apply to the Northeast or the Midwest tend to be looking at small liberal arts colleges, which differ in many ways from the large public universities that are dominant in their home state and are so much less expensive than flagships elsewhere. "If you could go to Boulder, why would you go to UMass?"

Larry Dannenberg, CEO of College Solutions, which counsels high school students and their parents, said that there is already a market for the flagships that want more out-of-state students: "There are kids every year who will tell you: 'I'll go anywhere as long as it's not in state.' "

As he sees more flagships trying to attract out-of-state students, he said, he'll adjust his recommendations to students, suggesting that it may be worth applying to an out-of-state flagship that might have been out of reach academically before. "I'll tell them 'you might not have gotten in before, but you might now, and by the way, if you don't need financial aid, you've got a better shot.' "

Dannenberg said he sees parents using "a sliding scale of price sensitivity" and that for some who may balk at the most expensive private colleges, a flagship out of state may represent "a compromise" with their children.

One group Dannenberg predicted won't be lured to out-of-state flagships: the children of professors. More than 10 percent of his clients each year are academic families, and he finds that the students in this group almost never select large doctoral universities; instead, these days, they opt for liberal arts colleges. He noted that concerns about quality of the undergraduate experience at large universities matter to these parents, even some who teach at such institutions.

"They cringe at the thought of their child with teaching assistants," he said. "They would rather see their child at a Gettysburg, with small classes and learning how to learn. They know that if they go to large state institutions, in many cases they are going to end up with large classes."

Thursday, October 15, 2009

NCES Releases High School Dropout and Completion Rates in the United States: 2007

NCES Releases High School Dropout and Completion Rates in the United States: 2007
Date: Wednesday, September 23, 2009, 12:40 PM

Some 73 percent of high school freshman nationwide graduated on time with their peers, but this four-year graduation rate in 2006 varied widely across states--from a low of 55.9 percent to a high of 87.5 percent, according to "High School Dropout and Completion Rates in the United States: 2007." The report, released by the National Center for Education Statistics at the Institute of Education Sciences, builds upon a series of NCES reports on high school dropout and completion rates that began in 1988. It includes national and regional population estimates for the percentage of students who dropped out of high school between 2006 and 2007, the percentage of young people who were dropouts in 2007, and the percentage of young people who were not in high school and had some form of high school credential in 2007.

Annual data from 1972-2007 reveals trends by race, gender, income and other characteristics. It also includes state from national level estimates for public school students for the end of the 2005-06 school year showing estimates of how many beginning freshmen in the 2002-03 school year had graduated with their class in 2006, and how many students had dropped out between 2004-05 and 2005-06.

Other key findings include:

* Among reporting states, fourteen states had freshman graduation rates of 80 percent or higher, and 10 states had rates below 70 percent. Twenty-three states had higher AFGRs in 2005-06 compare with 2004-05, and 23 had lower rates.

* Students living in low-income families were approximately ten times more likely to drop out of high school between 2006 and 2007 than were students living in high-income families.

* One-year dropout rates have declined since 1972 among all racial/ethnic groups, although the decreases happened at different times over this 35-year period for these groups.

* About 3.3 million 16- through 24-year-olds were not enrolled in high school and had not earned a high school diploma or alternative credential, as of October 2007.

* The percentage of young White and Hispanic females who completed high school by earning a diploma or GED was higher than their male counterparts. Specifically, 94.6 percent of White females and 77.6 percent of Hispanic females had completed high school in 2007, compared with 92.4 percent of White males and 68.1 percent of Hispanic males. Overall, 89 percent of 18- to 24-year-olds nationwide have completed high school.

To view the full report please visit:
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2009064

Wednesday, October 14, 2009

Adoption of Social Studies Curriculum and Textbooks

Adoption of Social Studies Curriculum and Textbooks

The Texas State Board of Education is in the process of approving a new set of Texas Essential Knowledge and Skills for Social Studies, Grades Kindergarten-12 (called TEKS). Based on these standards, textbooks and instructional materials will be adopted for use in all the school districts in Texas. This very important process takes place only once every 10 years.

One big problem in the past is that previous standards have lacked adequate and comprehensive coverage of Tejano history and historical figures. This is especially true of the era before 1836. Therefore, it is the purpose of this initiative to provide information to the State Board of Education and to Agency staff that will result in more inclusion of Tejano history into the Social Studies curriculum. Since the process takes place only every 10 years, it is imperative that action be taken now.

The first draft of Proposed Revisions, Texas Essential Knowledge and Skills (TEKS) was made public in September and was developed by a statewide committee of educators. The State Board of Education discussed it on September 17-18, 2009.

The plan of action for incorporating Tejano content into the proposed Social Studies Curriculum is divided into several phases because this is a long multi-year process, but Phase I is the most important because it provides the basis for developing textbooks. The phases are described below.

Phase I.

All persons should read the draft of the Texas Essential Knowledge and Skills for Social Studies, Grades K-12. Grades 4, 5, 6, and 7 are especially crucial because early Texas History is taught at these grade levels. However, comments can be made for all grades. The document can be reviewed by accessing the Texas State Board of Education website, then clicking on Curriculum, and then on Social Studies.

After reviewing the document, public comment can be made in two ways. One is to e-mail your comments to sboeteks@tea.state.tx.us. The state committee is meeting again on October 17, so it is important to send in comments before this date.

The second way is to testify before the State Board of Education at the November 19 public hearing and to show support by being physically present. All interested parties can testify provided they register to testify. Information is available through the State Board of Education website. The strategy is to establish a statewide committee of historians and community leaders to review the preliminary report of the revised TEKS and to make recommendations. These recommendations will be compiled into a comprehensive report that will be presented to the State Board of Education at the November 19 meeting. There will be two other state board meetings, but the November 19 date is critical.

Phase 2:

The final adoption of the TEKS is published and textbook companies develop textbooks to address the TEKS. Volunteers will be needed to monitor the State Board of Education meetings to ensure there is follow through. Proposed textbooks will have to be read and reviewed. Public testimony to the State Board of Education will have to be made. The final date is in 2013.


Critical Time Lines:



September-October 17, 2009

Send e-mails to the State Board of Education. Forward comments to Anita Sylvia Garcia at gar04317@yahoo.com so they can be included in the comprehensive report.


October 26, 2009

Deadline for the Statewide Committee of Historians/Community leaders to send recommendations for revising the TEKS.


October 31, 2009

Meeting to compile statewide report that will be presented to the State Board.

Identify persons who will be testifying before the Board.


November 19, 2009

Testimony given to the State Board of Education.

Phase III timelines to be announced at a late date.