Located in the East Bay community of Concord, California, De La Salle High School has achieved a reputation for excellence, both in its classrooms and on the athletic field.  Founded in 1965, the school's name is an homage to John Baptist De La Salle, a French priest who, influenced by the philosophy of the Enlightenment, introduced a series of educational reforms and founded a variety of institutions in the 17th and early 18th centuries.  De La Salle's achievements broadened access to education and better equipped students and teachers to contribute to the advancement of democratic societies from a foundation of faith.  In 1900, he was canonized, and in 1950 was proclaimed by the Pope to be the Principal Patron Saint of Teachers and Student Teachers.

As was mentioned above, in addition to its outstanding academic program, De La Salle High School of Concord has succeeded in developing a high profile for its myriad achievements in competitive athletics.  That success has enabled the school to augment its fundraising efforts through the sale of  branded apparel and athletic gear designed by school staff and sold in De La Salle's campus Bookstore, as well as via the bookstore's website.  The proceeds of these sales contribute to the $2.2 million in need-based financial aid the school is dispensing during the current year.

In 2004, the school registered 14 clothing and accessory trademarks with the state of California in an effort to protect its brand against companies attempting to profit through use of the school's name.  Thereafter, if school officials became aware of the use of its trademarks by entities not affiliated with the school, "cease and desist" letters were issued, which usually produced a voluntary cessation of related sales.

In 2008, the school discovered that a company named Prep Sportswear (Prep) was producing De La Salle apparel and selling it online, using pages bearing the headings, "De La Salle Spartans High School-Concord, California," and "De La Salle Spartans Store."  Multiple "cease and desist" letters were sent by school officials to the company over the course of several years.  While Prep never communicated with the school, the web pages in question would periodically disappear, only to show up yet again sometime later.  Finally, in 2011, the school filed suit charging Prep with trademark infringement.  According to the school, such action was deemed a matter of legal necessity, lest it be assumed that (in the absence of such vigorous defense) the trademark could be regarded as having been abandoned.
 
After a long, frustrating, and costly series of legal proceedings, the court ruled against the school.  Though the school's trademarks were upheld as valid, the court found that De La Salle failed to prove that Prep's website had produced "consumer confusion."  Interestingly, Prep has since removed the web pages in question.

There is considerably more to the story, much of which has been beautifully expressed in a four-page article penned by De La Salle Concord's President, Mark DeMarco (himself, an alumnus of the school).  The cautionary tale, titled, "What's in a Name?" which appears in the Winter, 2013 edition of the school's Union newsletter, can be accessed, here.

Both the article and logo appearing at the top of this column are provided with permission of the school.

The "Ministerial Exception" and Your School

 

Presented by:

Michael Blacher and Grace Chan

Liebert Cassidy Whitmore

 

 

Registration Fees

$25.00 per-person (member rate for registrants whose schools are affiliated with CAPSO member organizations).  To view a list of CAPSO member organizations, click here.

$80.00 per-person for non-members.
Registration fee includes continental breakfast.

Workshop Background:  Religious schools are not subject to the same laws as their secular counterparts. A recent U.S. Supreme Court decision held that a teacher at a religious school could not bring a claim of employment discrimination under the "Ministerial Exception." The unanimous ruling contains potentially significant implications for faith-based private schools, but also raises additional questions and concerns. This workshop will explain and explore the Ministerial Exception's application to your school.

Questions to be Answered & Issues to be Addressed

• What is the "Ministerial Exception?
• What was decided in the U.S. Supreme Court's Hosanna-Tabor Case, and what does it mean for faith-based private schools?
• For purposes of the ministerial exception:
• what is a "church"?
• who is a "minister"?
• what claims are covered?
• Is it advantageous for a faith-based private school to designate faculty members and other employees as "ministers?"
• What are some possible drawbacks?
• What issues remain unresolved? 

 

 

 

 

The California Private School Advisory Committee, K-12 is pleased to announce a new multi-day professional development workshop for private school educators.  This high-quality-at-low-cost program is funded in part by Title II, Part A of the federal Elementary and Secondary Education Act, and is provided in cooperation with the California Department of Education.     

A three-day workshop for private school teachers

and instructional staff, grades 4-12 

 

Click here for additional information and registration form.

 

Presenter:   Larry Lewin, M.S.  

 

Dates:         April 15 & 16, and May 8, 2013

Location:    Valley Presbyterian Elementary
                   9240 Haskell Avenue
                   North Hills, CA  91343

Hours:         8:30 a.m. - 3:00 p.m. each day.

Registration Fee:  $50.00 per person if postmarked or faxed on or before April 5, 2013.  Otherwise, $70.00 per person.  Fee covers all three days of the program and includes materials, continental breakfast, and lunch. 

 

Workshop Preview

 

With the desire to improve assessment comes the need for improved assessment tools. Learn a number of teacher-designed authentic performance tasks and accompanying scoring mechanisms that help teachers in grades 4-12 measure student understanding of content topics in any class, for all subjects, and across the grade levels. Because they are classroom-based, and tied directly to the curriculum, they provide an alternative to the more distant standardized tests.

 

This workshop will bridge the gap between theory and practice for practitioners by relating the current thinking on assessment to what is practical, reasonable, and doable. All sample performance tasks and the procedure to create them come from Mr. Lewin's book, Great Performances: Creating Classroom Performance Assessments (2011, ASCD). 

 

Participants Will Learn:

• The "Info In and Info Out" Model of Teaching and Assessing Content Acquisition
• Creating Performance Assessment Tasks with Visual Representations
• Creating Performance Assessment Tasks Using the Written Mode
• Creating Performance Assessment Tasks with Oral Presentations
• Creating Performance Assessment Tasks with Large-Scale Projects and Performances
• Four Assessment Options: selected response, essay, performance assessment, oral communication - and which ones fit best for Science, Math, English, the Arts, Social Studies
• How to create your own performance assessment task with accompanying scoring device
• Mini-, Midi-, and Maxi-Performance Assessment Tasks
• A General Learning Process Across the Curriculum: Prepare, 1st Dare, Repair, Share
• A Menu of Scoring Devices for Performance Assessment Tasks
• Formative Vs. Summative Assessments
• Share, Critique, and Modify Pilot Performance Tasks
• Scoring Device Practice: Create a ChecBric for a performance task
• Hybrid Performance Assessment Tasks
• Portfolio Systems
• Grading Issues: From Performance Task Scores to Report Card Grades

About the Presenter:

Larry Lewin, a classroom teacher for 24 years at the elementary, middle, and high school levels in Oregon, now consults nationally on educational topics of interest.  He served as the Eugene School District's teacher on special assignment for Language Arts, was a member of the state of Oregon's New Standards Committee, and now is an adjunct professor at the University of Oregon's College of Education. He is the author of nine books for educators and has articles published by ACSD, Educational Leadership, Scholastic and Instructor magazine.

Since 1992 he has presented seminars for the Bureau of Education & Research, ASCD, numerous regional conferences and since 2009 presents for Staff Development Workshops. He has presented educational workshops in 46 states and 4 countries.

Has Your School Filed its Affidavit?

The California Department of Education has published a new database containing information for all private schools with enrollments of six-or-more students, that have successfully filed a private school affidavit for the current school year.  To access the database, which exists in the form of a Microsoft Excel spreadsheet, click here.  (Note: you'll be downloading a 3 MB file, so you may need to be patient, particularly if you lack a high speed internet connection.)  The directory is organized by county.  To see whether your school is listed, first scroll down to the county in which your school is located.  Schools are listed alphabetically, thereafter.

The annual filing of the affidavit is a legal requirement established by Section 33190 of the California Education Code.  Failure to file places students at risk of not fulfilling the state's compulsory education laws, and disqualifies students, teachers and other education personnel from participation in federally funded programs.

CAPSO extends its thanks and appreciation to CDE staff member Laura Nelson for her outstanding work in facilitating compliance with the affidavit requirement.


Read the CAPE Outlook

This month's edition of the CAPE Outlook newsletter contains an article describing a new piece of federal legislation introduced by Florida Senator Marco Rubio that would, "establish for the first time at the federal level a tax credit scholarship program similar to those that currently exist in 11 states."  While the measure's chances of passage by the Democratically controlled Senate are meager (at best), the fact that such legislation bears the name of a rising Republican star and hopeful presidential contender is noteworthy.   The CAPE Outlook article furnishes more information about the bill, and reaction to it from several well known school choice advocates.

Another article addresses Secretary of Education Arne Duncan's historic conference call with private school leaders, convened for the purpose of advancing President Obama's plan to promote school safety.  Yet another column offers information about the President's call for the expansion of public early education programs.  And there's more, including news of a favorable Colorado Court of Appeals ruling reversing the judgment of a lower court and permitting the resumption of the Douglas County School District's Choice Scholarship Program, which makes 500 scholarships available to public school students wishing to attend private schools.


ADSE Announces its 2013 Summer Institute

Alternative Designs for Special Education has announced plans for its annual Summer Institute and other programs.  The Summer Institute is designed "...to empower and educate private and parochial school educators in the development of special education programs."  Participation in the program, which will run from June 24-27, 2013, is available via a live streaming webinar.

Featured topics include:

LEADERSHIP
Vision and Purpose for Special Needs Programming
Public Law, Private Schools and Special Education

SPECIAL NEEDS
Behavior Plans
Classroom Management and Executive
Functioning
Educational Psychologist Reports
High Incidence Disabilities
Response to Intervention
Student Study Teams

CURRICULUM
Math for Students with Special Needs
Reading In-Depth

The cost of live participation is $350; viewing a recording of the program will become available in August for a fee of $299.  A program flyer can be accessed, here.  A registration form can be accessed, here.  Additional information about the Summer Institute and other programs can be found on ADSE website.


The State of Health Care Conference

Health care reform will be changing the way virtually every industry does business.  According to the program's organizers, the upcoming State of Health Care Conference "is the one event that will educate you on everything you need to know about health care reform and connect you to key people."  The theme of this year's program, which will take place on April 23, 2013, from 8:00 a.m. to 12:00 noon, at the Sacramento Convention Center, is "Health Care Reform: What It Means For You."  Program information can be viewed online, here.  Registration for the event is now open.  General admission is free, and space if limited.  To reserve a place, please send an email by clicking here.  For additional information, please contact Conference Coordinator Ashley Cummings, either by email, or phone: (209) 217-6647.

Recently, members of CAPSO's board of directors took time from their demanding schedules to spend an afternoon at the State Capitol.  There, they called upon key legislators and staff for the purpose of "telling the private school story," weighing in on bills, and discussing additional issues of interest to California's private school community.  Among the general "talking points" communicated by our leaders are the following informational items:

• One in every twelve California students enrolled in grades K-12 attends a private school (500,000 out of 6,220,000).
• More than one in every four K-12 schools (3,156 of 13,051) in California is a private school (2011-2012 figures).
• Private schools save the people of California approximately $5 billion, annually, and contribute to the state's economy through the creation of tens of thousands of private sector jobs.
• All private schools are required to file an annual affidavit with the State Superintendent of Public Instruction.
• The majority of nonprofit schools are accredited.
• Private schools are subject to health and safety requirements (e.g. pupil immunizations, earthquake preparedness, etc.).
• All private school employees who have contact with students must undergo a criminal record check prior to being hired.

Each person visited is provided a packet of materials containing a document titled, "Private Education and the Public Interest," a copy of which can be viewed, here.  Some highlights include:

• Private schools provide students with knowledge, skills and values that are essential for productive and responsible participation in a democratic society.
• Whatever their particular orientation, California's private schools uphold and promote the values of public participation and service to community.
• American private education reflects the diversity that is a hallmark of our country's strength, freedom and creativity.
• Private schools offer parents and students a broad and meaningful range of educational options.
• The very nature of private education promotes direct accountability of schools, teachers and administrators to the parents and students they serve.
• Private schools provide tens of thousands of private sector jobs, generate revenue for local businesses and develop the human capital necessary to assure California, and our nation, a bright economic future. 

We believe we make a strong case for private, K-12 education, and take pride in identifying CAPSO as "the voice of K-12 private education in California."  There are, however, limits to what we are able to convey.  While we can speak of the contributions offered by private schools in the aggregate, we can't provide your elected officials with the sort of first-hand experience that drives home the uniqueness of your school.  Neither can we underscore the importance of continuing to allow your school to pursue its vision and fulfill its mission.  Only you can do that.  And just as it is essential that leaders of the private school community spend time in the offices of our lawmakers and civic leaders, it is no less vital that our leaders spend time on your campus, and others.

 

Members of the California Assembly and Senate are extraordinarily busy people.  Our state's legislative session runs for nearly eleven months.  New bills are presented beginning in early January, and can be passed as late as mid-September (and even later during the second year of our state's two-year legislative calendar).  By way of contrast, Florida's state legislature convenes for a total of 60 days each year.  Georgia's legislature meets for only 40 days.  In some states, including Nevada, North Dakota and Texas, the legislature meets every other year. 

 

The upshot of the matter is that neither your California Assembly Member or State Senator are likely to come calling on your school uninvited.  Bringing either, or both to your campus will require initiative and persistence.  The simple act of extending an invitation to visit your school affords a degree of benefit, in and of itself, signaling to your elected officials that they are on your radar screen.  If you don't know which members of the Assembly and Senate serve the districts in which your school is located, use CAPSO's Legislative Action Center to easily identify them.  Just click here, enter your school's address, and click the "Go" box. 

 

During the months that bills are introduced and considered by various committees, state legislators are likely to spend the majority of the school week in Sacramento.  Therefore, you might wish to extend an invitation for a visit to your campus that is to take place sometime between October 1 and December 15.  As 2013 is a non-election year (for state legislators), this is a great time to schedule fall visits to your school, and now is a good time to begin your planning and outreach.

 

 
It's never a bad idea to survey your school's parent body, alumni and other stakeholders - by either formal or informal means - to ascertain whether someone closely identified with the school is a personal friend or acquaintance of your Assembly Member or State Senator.  You may just turn up a college buddy, member of the same army-reserve unit, former business contact, or fellow health club member who can be of considerable assistance in securing a school-site visit.
 
Choose a date for the visit, and decide whom you are going to invite.  (It may be somewhat easier to secure a visit from a member of the Assembly, their districts being less populous.)  Make it clear in your letter that you are inviting the official to spend 30-40 minutes at your school.  (That may seem like a blink-of-the-eye, but it represents a substantial commitment of time for an official, who must also travel to and from your campus.)  If your school is celebrating a special event on the date of the visit, be sure to mention it in your letter of invitation.  If you would like the official to offer brief words of greeting at an assembly, or other meeting, be sure to say so.  Plan to set aside time for a quick walk around campus, and a visit to a couple of classrooms. Strolling the grounds provides time to talk about your school's history, character, community, vision and distinctiveness, as well as the challenges it faces. 
 
Be persistent.  Follow-up your letter with a phone call to the official's district office.  Ask to speak with the scheduler.  If the person is unfamiliar with your letter of request, volunteer to fax or email a copy to his/her attention.  The scheduler may indicate that the official is not currently scheduling visits for the month in question.  If so, politely ask the person to let you know the best way to secure a visit on your preferred date.  Be friendly and courteous.  Let the scheduler know how much the school values the official's public service, and how eager the school is to welcome the official to its campus.  If the scheduler wants to know why the school is interested in a visit from the official, mention the special occasion or event (if any) taking place on the date of the requested visit, and/or mention that the school wants its students, faculty and parent body to know that their elected officials serve all the people of the state, and helps fashion laws that impact both public and private schools.

Next year, thanks to our partnership with the Council for American Private Education, CAPSO will be able to furnish each member of the California Assembly and Senate a roster of private schools located within his/her newly redistricted boundaries.  We will continue to let them know you are there.  We'll keep telling the private school story writ large.  We can tell, but only you can show.  And seeing is believing.

Ron Reynolds

The next edition of the CAPSO Midweek E-Mailer will be published April 10, 2013.