In October, U.S. District Judge Michael H. Schneider lifted a 39-year-old statewide school desegregation order from all but nine rural Texas school districts. The effect of Schneider’s order is that the Texas Education Agency (TEA) will no longer have to monitor district boundary changes, transportation, extracurricular activities, or staff and student assignments, according to Education Commissioner Robert Scott, who hailed the decision as a sign of the state’s progress.
The lawsuit was brought by the U.S. Justice Department in 1970 against the state, TEA, and dozens of school systems across Texas. It alleged disparities in school funding, employment, and student assignments based on race.
Schneider said he has not determined whether the freed districts are fully desegregated, but that the federal government agreed that those school districts should no longer be covered by the statewide decree under terms recently set forth in the case by the 5th Circuit Court of Appeals, whose jurisdiction includes Texas. The appeals court clarified that the decision didn’t give newly exempted school districts a license to discriminate and districts that do will be subject to lawsuits and remedies to correct the violation.
The districts remaining under the order are mostly small-town districts in east Texas. Seven school districts remain under federal court supervision because of separate orders.
—“Judge removes Texas schools desegregation order,” by Terry Wallace, KENS5/San Antonio Web Site, Oct. 1, 2010.
Countries with the best performing school systems recruit most of their teachers from the top third of high school and college graduates. In contrast, the U.S. has difficulty attracting its top students to the teaching profession, according to the new report Closing the talent gap: Attracting and retaining top third graduates to a career in teaching 
.
Twenty-three percent of U.S. teachers come from the top third of college graduates. In Singapore, Finland, and South Korea, 100 percent of their teachers come from the top third of the academic pool.
The study’s authors contend that U.S. teacher salaries are keeping some top graduates away. Starting teacher salaries in Singapore are more competitive and teachers can receive substantial retention bonuses every three to five years. They can also earn merit-based bonuses and increases ranging from 10 to 30 percent of their base salary. In South Korea, teachers earn salaries that would equal $55,000 to $155,000 in the U.S. The authors also say that teaching as a career lacks academic prestige in the U.S., with many teachers trained in schools with low admission standards. In Finland, only one in 10 applicants is accepted into education schools and teaching outpolls law and medicine as the most admired profession.
The authors believe the U.S. could increase the proportion of top-third graduates who go into teaching by subsidizing teacher-preparation tuition; providing good training and effective administration in high-needs schools; improving working conditions; and providing performance bonuses as large as 20 percent of a teacher’s salary. They say that higher salaries would also raise the bar.
The report drew the attention of critics who question its methodology, contend that the authors make too many cross-cultural assumptions, and fail to attribute much of their data.
—“U.S. Found to Recruit Fewer Teachers From Top Ranks,” by Liana Heitin, Education Week, Oct. 20, 2010.
Men who ask for leave or a flexible work arrangement to take care of family responsibilities often suffer career setbacks, according to Joan Williams, author of Reshaping the Work Family Debate: Why Men and Class Matter. Employers face potential liability for discrimination lawsuits when they treat men who request leave differently than women who do.
Men requesting family leave are often discouraged from taking time off, even though that can lead to liability under the Family and Medical Leave Act (FMLA). Most family responsibilities claims by men come from interference or retaliation claims under FMLA. Usually, adverse action is taken in response to a man taking FMLA leave to care for children, a spouse, or elderly parents. Sometimes it arises over the outright denial of FMLA leave.
Family responsibilities discrimination against men can result in unfavorable job assignments, negative performance evaluations referencing employee absences, criticism for being a caregiver, snide comments focused on masculinity or traditional roles, exclusion from business or social networks, having to work shifts that are incompatible with caregiving responsibilities, and being terminated because of family responsibilities.
—“Family Responsibilities Discrimination Impedes Men,” by Allen Smith, Society for Human Resource Management Web Site, Oct. 6, 2010.
The National Council for Accreditation of Teacher Education (NCATE) and the Teacher Education Accreditation Council (TEAC) have approved plans to merge into a single organization. The move could result in a more rigorous bar for teacher preparation in the future.
The governing boards of NCATE and TEAC unanimously approved the merger plans at a joint meeting held Oct. 22. Under the plans, NCATE and TEAC would be subsumed into the new organization, dubbed the Council for Accreditation of Educator Preparation, within two years.
The merger would not result in an immediate change for already accredited programs or those seeking accreditation. Both groups will continue accreditation activity initially. But long-term changes in the structure and substance of teacher preparation accreditation may be coming.
“Our goal is not simply to bring together two organizations to do the same thing,” said James G. Cibulka, NCATE president. “We really ought to have as our goal to raise the bar for quality educator preparation…and to speak with one voice about what that standard looks like, and how it should be implemented.”
—“Teacher-Prep Accrediting Groups to Merge,” by Stephen Sawchuk, Education Week online, Oct. 25, 2010.
FedEx Corp. will pay the state of Montana $2.3 million for misclassification of its ground drivers as independent contractors, Montana Attorney General Steve Bullock announced Oct. 21.
The settlement follows a year-long investigation by the state that found that FedEx drivers are employees, not independent contractors, and that FedEx owed unemployment taxes, penalties and interest, the attorney general’s office said. FedEx did not admit wrongdoing in the settlement, but will reimburse drivers $1.1 million for unemployment insurance costs that they paid. The remaining $1.2 million will go to the state’s general fund.
—“FedEx to Pay $2.3 Million Over Independent Contractors,” News in Brief, Workforce Management Web Site, Oct. 21, 2010.
Effective Nov. 1, the Texas Education Agency (TEA) began offering preliminary criminal history reviews for educator certification candidates for a nonrefundable fee of $150. The service will allow anyone who wants to obtain a teaching certificate but is concerned that they may be ineligible for one due to a conviction or deferred adjudication to have a criminal history review conducted by agency staff. The review will be based on information provided by the candidate and will result in a nonbinding agency opinion as to the candidate’s eligibility for a teaching certificate.
The process does not preclude a candidate from being required to submit to a criminal history review when he or she applies for educator credentials. TEA has posted the necessary forms and instructions plus a list of frequently asked questions on the agency’s Web Site .
