CAPSO is pleased to present Emerging Legal Issues for Private Schools: Employees, a half-day workshop for private school administrators and business managers.  The program, which will address a range of newly enacted or revised statutes, and examine recent court cases and current trends of interest to the private school community, is being offered in association with the Liebert Cassidy Whitmore law firm.  The Workshop will take place March 23, 2011, from 8:30 a.m. to 12:00, noon, at Our Lady of Perpetual Help - Notre Dame Hall, in Clovis (adjacent to Fresno).  Issues to be covered include:

• Background Checks
  Obtaining and Releasing Information
  Use of Internet
• Fingerprinting Requirements
  Applicants
  Contract Employees
• Mandated Reporting Obligations
• Employment Agreements
   The Meaning of "At-Will Employment"
• Arbitration Clauses
• Wage and Hour Issues
  Exempt and Non-Exempt Employees
  Special Rules for Teachers
  Partial-Day Deductions
  Employee/Parent Volunteers
• Layoffs/Terminations
• Severance Agreements

We are delighted that veteran attorneys Shelline Bennett and Brian Walter, partners in the firm of Liebert Cassidy Whitmore, will conduct the workshop.

Participants can look forward to an interactive presentation in which they are encouraged to ask questions and share perspectives with colleagues.  CAPSO is subsidizing the program so as to make participation affordable to administrators serving member-affiliated schools.  At a per-person registration fee of $25.00 (for CAPSO affiliates), this is a program you can't afford to miss.

Space will be limited, and registration will be conducted on a first-come, first-served basis.  So, mark the date on your calendars, and register now!  Additional information and registration instructions can be found on our website, here, and can be downloaded, here.

Can Texas Hold 'Em?

In last week's E-Mailer, it was mentioned that a highly credible source indicated that newly installed Speaker of the House John Boehner's top priority in the education policy arena would be the reinitiation of the DC Opportunity Sholarships Program.  Now, a bill introduced last week that's co-authored by Mr. Boehner (R-OH) and Senator Joe Lieberman (I-CT) makes good on that promise.  The Scholarships for Opportunities and Results (SOAR) Act is described by Mr. Boehner as the "...only...program in America where the federal government allows parents from lower-income families to choose the schools that are the best for their children."  You can read more about it, here.

Next to presidential inaugurations, the annual State of the Union address provides our nation's signature moment.  It's a splendid occasion, upon which pomp and ceremony typically, if all too briefly, trump partisanship.  Whatever the current balance of power between Democrats and Republicans, no matter the current state of the economy, and regardless of the press of world events, the State of the Union places America, its history, character, and aspirations front and center.

Because the event takes place in the evening, well after school hours, the State of the Union also affords parents an opportunity to seize upon a "teachable moment," particularly during the minutes leading up to the President's entry into the House of Representatives.  Here is a chance to identify members of each branch of government, some of whom are distinguishable by their attire: Supreme Court justices in their flowing robes, and members of the Joint Chiefs of Staff in their impressive military uniforms.  Most important of all, given the rancor and recriminations that have come to dominate our national political discourse, it is of vital importance that our kids see Democrats and Republics rise to their feet as one, and break into applause when the Seargent at Arms announces: "The President of the United States!"  Once the President begins to speak, younger children can be excused, though it is important that they see their parents listening attentively, and discussing the content of the speech in its aftermath.

Last week's State of the Union experience was particularly poignant, coming as it did on the heels of the tragic shootings in Tucson.  And, while watching David Dreier and Maxine Waters sitting next to each other (as did many other dyed-in-the-wool Republicans and Democrats) invited tinges of cynicism, it was a memorable gesture, nonetheless.

The event was no less memorable for President Obama having made education its centerpiece.  I cannot remember a State of the Union address in which schools, teachers, and education policy received half the time and emphasis as was the case this year.  While short on specifics, the president did an admirable job of linking the notion of investment in education to the sustenance of American creativity, ingenuity, and prosperity.  Acknowledging new global realities and challenges, he proclaimed, "This is our Sputnik moment," as both an admonition and a homage to the nation's investment in education, after the Soviet Union bested the U.S. in the race to launch a satellite into space.

The President drew loud and lasting applause after exhorting the nation to show enhanced respect for teachers.  "Let's also remember that after parents, the biggest impact on a child's success comes from the man or woman at the front of the classroom," he said.  "In South Korea, teachers are known as 'nation builders'. Here in

America, it's time we treated the people who educate our children with the same level of respect."

Of course, it wasn't by accident that education came to be featured so prominently in the President's State of the Union remarks.  Facing a divided Congress in the aftermath of the November elections, Mr. Obama is eager to identify significant legislation that stands a good chance of inviting visible bipartisan cooperation.  And the reauthorization of the Elementary and Secondary Education Act (AKA "No Child Left Behind") may prove to be just the ticket.

So far, so good.  But now comes the "glass half empty" part.  In referencing the re-writing of the federal education law, the President had the following to say: "And Race to the Top should be the approach we follow this year as we replace No Child Left Behind with a law that is more flexible and focused on what's best for our kids."

Clearly, my view of the Race to the Top Fund, is significantly different than that of Mr. Obama.  As the President sees it, the $4.35 billion competitive grants program is, "the most meaningful reform of our public schools in a generation. For less than one percent of what we spend on education each year, it has led over 40 states to raise their standards for teaching and learning."

In Mr. Obama's view, the appeal of RTTF lies in its presumptive ability to leverage reform.  In my view, the jury is still very much out on whether RTTF allocations will produce real and lasting change in the handful of states that actually ended up receiving grants, let alone in those that received not a dime for the considerable amount of effort, and political capital required by the application process.  And let's not forget that there is virtually no real opportunity for private school teachers and students to benefit from the program.

Some may regard RTTF as an effective federal lever to induce change at the state and local level.  Others may view the approach as a polite form of extortion, in which cash-strapped states staring huge education deficits in the eye have little choice but to play along, whether or not those ultimately responsible for implementing proposed reforms are committed to their realization.  Saying "yes," to reform is the price of admission to the game, but talk is cheap, no matter how high the stakes.

We'll soon begin to see the extent to which members of congress are willing to adopt RTTF as a template for ESEA reauthorization.  According to EdWeek's Politics K-12 blog, key Senators would like to see a reauthorization bill ready for mark up by the Easter recess.  Stay tuned!

Ron Reynolds