No Child Left Behind Education Law to Be Revamped?

In 2002, when the “No Child Left Behind” education act was passed it was for educational reform targeted to change the use of Federal funds to close the achievement gap and improve the achievement levels of America’s students. The Federal funding required states to fund their own expenses in order to adhere to the law and gain the Federal monies.

Between 1965 and 2001, $120 billion a year in Federal dollars was allotted to close the achievement gap between rich and poor. Yet, today, we see this gap growing wider.

Now legislators are calling for a revamping of the law in order to make it more flexible and effective.

With 70% of inner city fourth graders unable to read at a basic level on national reading tests, concerns are being raised. Since our high school seniors trail students in Cyprus, China and South Africa on international math tests, educators are seeking ways to ameliorate those statistics for America. Nearly a third of students entering colleges and universities today are required to take remedial classes before they can even begin to participate in regular college courses.

So what is the hope of advocates of the “No Child Left Behind” law? The objective is the same as it was a decade ago. The methods, however, are now in question. How to make educators and school districts accountable for their performance is a mammoth undertaking. With states, like Texas, reducing state funds to schools, the problem of student achievement is increasingly frightening.

Teachers and schools are already burdened with the task of meeting high expectations for educators and more and more involved curricula. Frankly, teachers and schools need tons of assistance that is going to be missed when teachers, teacher assistants and whoever is considered “non-essential staff” are let go because of lack of funding.

One giant contribution which Americans can make toward improving the achievement of our students is by volunteering in the schools. Volunteerism, by its nature, is the giving of oneself, one’s talents and time. That is a service that cannot be legislated. Willing service from those who are equipped to offer it is the component that is embarrassingly missing in Elementary and Secondary Education in America today.

American adults have the ability to contribute and make a positive impact on children’s education. Teachers and Administrators need our help. Students who are “at risk” desperately need our help.

You’ve heard that old idealism ” If I can make a difference in the life of just one child…” Well, we can. It is not so difficult. In working with a Third Grader at a nearby Elementary School, I got a real kick out of his response to a simple suggestion aimed at reducing his obvious stress as he viewed a full page of text his teacher gave him to read. I just asked him to go the second page and read the questions first. Then I showed him how he could scan the passage for keywords that would lead him to the correct answers.

The passage was in the format used for the achievement test mandated by the state of Texas. He has to be able to manage that format in order to be successful. That little boy was thrilled and completed the assignment independently and with enthusiasm. We were both pleased. His teacher was relieved to know that he could work independently. After all, she has a lot of other students for whom she is accountable and she wants each of them to be successful.

Whether or not the “No Child Left Behind” education law remains a Federally funded initiative and is extended by the next school year, our help as educated adults may be crucial to students’ futures.

That tutoring session was just 45 minutes long. The student’s confidence in his abilities is growing exponentially. Volunteerism certainly is a “win-win” process! Try it. Help out in America’s mission to improve students’ achievement.

The Need for Cyber Law Research in Education

Cyber law in education is an issue that is ripe for scholarly research and analysis.  The importance of this topic is growing exponentially with the meteoric rise in social networking and other online forums which are becoming a primary source of interaction among school aged students. One result of these “virtual” relationships is a blurring of the lines of jurisdiction for disciplinary responsibility. At what point do a student’s actions fall outside of the authority of his or her school? When the student uses school equipment on school grounds the analysis is very clear, but case law has created a continuum that defies any objective definition of where that jurisdiction ends. Similarly, at what point does a teacher or administrator’s actions leave the authority of their employer and become protected by their right to privacy? The question of jurisdiction must be addressed before meaningful processes can be implemented to counteract the damage that online actions can have on the school system.

The harms that are caused at the hands of students through cyber actions include marring the reputation of teachers and administrators, harassing other students and threatening the security of testing and other educational information. Similarly, educators often cause harm through their own cyber actions by using online forums in an inappropriate manner to the detriment of their school or district. These actions may compromise the safety and morals of their students and affect the integrity of the educational system itself. Yet any restriction on these actions runs the risk of violating constitutional rights of free speech and privacy. Needless to say, there is a careful and ever-evolving balancing process that needs to be maintained in this area of law. And the decisions of our courts and enactments of our legislatures must be monitored and influenced by educators and education law experts.

The bullying laws that are springing up in local legislatures provide an excellent example of the issues at stake in this field. There is an important responsibility for governments to protect children from this new form of harassment. At the same time, however, in addition to the inevitable first amendment challenges, educators need to have a voice as to the practical limits on building level school personnel in implementing these new laws. These issues present a fascinating intersection of legal issues that will only become more relevant and topical in the decades to come. 

Research and analysis will be important in normalizing policy in the field. Ultimately statutory enactments and case decisions will  provide the law on these subjects.  However, these statutes and decisions are by no means immutable.  Like any other area of law, they evolve and change over time.  And these shifting principles are all the more prevalent in a field of law that is in its infancy such as this one.  There are no long-standing seminal court decisions on the topic, nor is there any conventional wisdom with respect to a proper statutory framework.  Therefore, in this field more than any other that I can think of within education law, there is a need for scholarly research and publication to help organize and shape the developing legal trends.

Why You Need an Education Law Solicitor

If you work for an educational establishment then you’re bound to need an education law solicitor at some point.

Here’s why.

1. Schools, colleges and universities need to be just as accountable as other organisations, and private companies, so you’ll want to make sure that everything is managed properly and complies with all relevant laws.

2. Healthy and safety is perhaps more important in an educational environment than in other workplaces, due to the ages of the pupils and students. You’ll need to make sure that your working practices, and out of school activities meet the necessary legislations and law, so that you minimise the risk of accidents and incidents to staff and students in and out of the classroom.

3. You’ll want to make sure that your pupil and staff discipline policies are up to date and that unruly pupils are dealt with properly and in accordance with the relevant policies.

4. Although you work in the education sector, you need to know that employment laws still apply. Any instances of discrimination need to be taken seriously and any issues with staff contracts or working hours will need to dealt with efficiently and effectively. An employment solicitor may be able to assist you in addition to an education law solicitor.

5. You’ll need to make sure that your recruitment policies are up to date, and that they are not discriminatory. You might need to carry out further checks and investigations on potential new staff before you can employ them, and so will need to make sure that this is done legally.

6. As you will be dealing with a lot of paperwork, such as staff contracts and school policies, you’ll want to make sure that these are reviewed regularly so that any advances in technology, or changes to staff duties are incorporated. For example, you’ll need to make sure that your staff and students are aware of the implications of the potential effects of breaking IT or privacy policies.

7. You might be dealing with different suppliers and contracts, and so will want to make sure that you get the best deal for you. An education law solicitor can prove invaluable so that you’re not wasting time and resources on finding out whether the contract is legally binding, and what it really means to you.

8. Some educational establishments are reliant on donations or funding. All contributions and payments need to be properly processed and everything will need to be above board and legal for auditing and accounting purposes.

9. Estate management is an important aspect of modern educational work, and so your duties might involve negotiate the buying or selling of land, or need to be aware of the importance of planning, and dealing with the board of governors. You might also want to know how to make better use of the space that is already available to the school, college or university.

10. Perhaps you’re considering a new building for your educational establishment, and want to know how to get the planning permission you need and meet the relevant environmental and construction laws that will affect you. An education law solicitor will be able to share their expertise, skills and knowledge in order to help you.

Now you know more about the services they provide, do you need an education law solicitor?