Horance Mann Was a Lawyer

Inspecting the evolving relationship between schools and the law to help create optimal learning environments, along with a sprinkle of commentary on various other topics such as youth sports, college athletics, American history, and fatherhood. Thoughts and opinions are my own and are not to be considered as legal advice.

[paulschmanke]

The 1001st reason why I think the words career and politician should not be allowed in the same sentence.

[paulschmanke]

Attention Social Studies teachers! Post this picture in your classroom and give a prize to the first student that can tell you what it is. (Answer: It is a “cow shoe” used by moonshiners during prohibition to avoid tracking by the authorities when they walked to their stills.)

[paulschmanke]

The SEC will distribute $436.8 million out of an NCAA-record $455.8 million in revenues between its 14 institutions, it was announced Friday.

As a former college scholarship athlete that has worked to take full advantage of the opportunities that my undergraduate degree has afforded me, I have been on the fence about the compensation of college athletes beyond a scholarship, room, board and reasonable living expenses.  But, when a league makes $455.8 million in one year from broadcasting the games in which college athletes perform, it causes me to question the fundamental fairness of the situation athletes in revenue producing collegiate sports currently find themselves.  (We are looking at a potential of approximately 5 BILLION dollars from television revenue to 14 SEC schools over the next ten years.)  Exploitation is the action or fact of treating someone unfairly in order to benefit from their work.  Without the athletes this revenue the SEC collects does not exist.  A very large gap must exist between what a school in the SEC provides revenue producing athletes compared to the revenue a SEC school athletic department receives from telecasting the performance of the same revenue producing athletes.  It seems difficult to argue this is not a clear example of exploitation.  What is the solution?  I do not know, but I believe we will look back one day to these record revenues by the SEC during this time as a tipping point for fundamental change to the business model of revenue producing college athletics.  

[paulschmanke]

Put this picture inside ever locker in your school before next school year...

[paulschmanke]

High School footballs players purposely target football referee

My first instinct after seeing this video is the players had to be instructed to do this. One of two actions is going to take place:

1. The coaches must remove these players from the team ASAP, but that would put the coaches in a difficult position if they instructed the players to take the cheap shots; or

2. The administration has to fire the coach(es) ASAP if any of them had a shred of involvement in these hits taking place.

Expect the referee to retain a person injury lawyer, because based on this video alone the action of the players appear to be intentional and well beyond the rules and purpose of the game.

Update 9/7/15: http://ftw.usatoday.com/2015/09/high-school-football-players-ejected-for-vicious-cheap-shots-on-referee

Update 9/8/15:  Looks like my first instinct was correct.  With ten years of high school coaching experience I can not imagine a player, much less two players, taking it upon themselves to purposely target a referee unless incited by a coach.  These player were wrong, are at fault, and should be held accountable.  A coach’s involvement does not excuse the players actions, but I think the players are unfortunate victims of improper influence of an adult that was “coaching” them.  When I tell my children “do what the coaches say” I don’t follow up with “unless the coaches tells you to assault a referee” and I shouldn’t have too.

It is also being reported the referee allegedly used racial slurs toward the players prior to the incident.  If this allegation is discovered to be true, then the referee should be properly held accountable by the governing authority over football referees in the state of Texas.  With that said, nothing said by the referee would condone being physical assaulted by the players.  This is high school football in the 21st century, not a poker game in the lawless frontier of the western half of the United States in the 19th century.  

http://www.sportingnews.com/sport/story/2015-09-08/referee-hit-high-school-players-san-antonio-john-jay

[paulschmanke]

In the Eastern Federal District of Virginia - Grimm v. Gloucester County School Board

If you have been following with interest, like I have, the news out of Hillsboro, MO this past week you may find the attached court filing by the United States interesting.  This filing states the interest of the United States in a civil lawsuit between Gavin Grimm and the Gloucester County School Board regarding the desire of Grimm, a transgender student, to use the restroom of Grimm’s chosen sex of male while in public school.

On Monday July 27th the judge in this case dismissed Grimm’s Title IX claim of discrimination, but is allowing a 14th Amendment equal protection argument to proceed.  The judge also gave the impression that Grimm’s request for an injunction, which would allow Grimm to use the male restroom while the case goes to trial, would be denied.

Judge Doumar’s reported commentary regarding his reasoning for the dismissal of Grimm’s Title IX claim cuts right to the heart of this controversy.  

Doumar stated Title IX already allowed for the segregation of sexes based on locker and restroom facilitates for both male and female students.  This leads me to believe Doumar views Grimm’s sex as Grimm’s biological, not chosen, sex.

“I have no problem with transgender. I have a lot of problems with sex,” said Doumar. “I am convinced he (Grimm) is a biological female who wants to be a male.”

Judge Doumar also expressed concern about the right to privacy of other students.  “My biggest problem is with the remainder of the population and of other children,” said Doumar. “I am concerned about the rights of privacy.”

Eventually the federal courts are going to have to create precedent by interpreting Title IX in how it applies to a person’s chosen sex as well as to the person’s biological sex.  (The word ‘chosen’ in this context is a point of  contention because some would argue Grimm is not choosing to be transgender.)  Until this happens, I think we are going a see a growing number of conflicts similar to what we witnessed in Hillsboro last week. 

I have also attached a New York Times story about this issue for your convenience by clicking here.

[paulschmanke]

Hillsboro High students walk out over transgender dispute : News

Student who identifies as female has sought to use girls' locker rooms and bathrooms.

When a challenging legal / societal / moral issue is on the doorstep of your school, will you, as a school leader, be ready?  “That would never happen in my school” is a risky approach that could put both students and the school district in a difficult position. 

Where is the line between a student’s right to free speech in protest and the obligation of a school to education students?  Another interesting legal question posed by this story.

As far as the federal government is currently concerned the student is justified in his/her request, see link below:

http://www.washingtonpost.com/local/education/justice-dept-sides-with-transgender-student-says-bathroom-policy-is-illegal/2015/07/01/f05b5a22-201c-11e5-84d5-eb37ee8eaa61_story.html

From a legal prospective, it will be interested to see which direction this issue goes once fully litigated.

Update 9/10/15 - Article on stltoday.com - http://www.stltoday.com/news/local/metro/three-members-of-hillsboro-school-board-resign-amid-controversy-over/article_a8408d86-71a2-5327-bf70-868417cac39e.html

[paulschmanke]

For the anti “bake”, “fund”, “thon”, “gala” and “challenge” administrator, this idea is to be passed on to your PTA. Please share for all the busy working parents in the world :)!

[paulschmanke]

A very interesting concept. Empowers the people that are professionally trained, the teachers, to make the best educational choices for individual children and the children as a collective group. I like it! (Disclaimer: My knowledge regarding how to educate a 5-6 year old is limited, and I would survive as a kindergarten teacher for +/-one hour.)

[paulschmanke]

I will be very interested to see how this issue develops…if you are interested in learning more about a public teachers 1st amendment rights Google the SCOTUS case Pickering v. Bd. of Education.

8/14/15 Followup: http://m.stltoday.com/news/local/metro/teacher-who-tweeted-is-reinstated/article_489e6e21-6aac-5b2e-8b30-ff9c3663ff25.html?mobile_touch=true

[paulschmanke]

This should be mandatory listening in every health class across the United States!

[paulschmanke]

A Baseball Habit Begins to Feel the Pinch

Smokeless tobacco, a staple of players for more than a century, will be banned from San Francisco’s AT&T Park at the beginning of next year, and more venues are likely to follow suit.

If you are a school administrator that looks the other way when coaches are dipping at practices or games, please read this article.  If you don’t think it happens at your school…open your eyes and read this article.  A fifth grader doesn’t naturally start dipping - - he observes and parrots the action.  I believe grown men should be free to make choices about their own personal habits, but when it comes to being around our children at schools it should not be tolerated.

[paulschmanke]

Show this to your assistant principals...

[paulschmanke]

Youth Sports Should Be A Game, NOT An Industry!

[paulschmanke]

John Smoltz's Hall of Fame message for parents: Baseball's not a year-round sport

When the former Atlanta Braves stalwart shares a message for the parents and coaches of youth pitchers, we all should listen closely.

Forward this article to every crazy over zealous baseball parent you know...

[paulschmanke]

If you are a school principal in the state of Missouri this is a new law you should be aware of:

Per SB 341, signed by Governor Nixon in early July, schools should comply with the following:

Per RSMO §160.975:  

           1.  Each public school and charter school shall post in a clearly visible location in a public area of the school that is readily accessible to students a sign in English and in Spanish that contains the toll-free child abuse and neglect hotline number established by the children’s division under section 210.145. Additionally, each school shall post signs containing the same information in all student restrooms in the school, to allow for private access to the information by student of either gender.

           2.  The information contained on the signs required under subsection 1 of this section shall be presented on a poster a least 11 inches by 17 inches in size, contain large print, and be place at eye level to the student for easy viewing.   The signs shall contain instruction to call 911 for emergencies and directions for accessing the children’s division website for more information on reporting abuse, neglect and exploitation.

What if no one in your school speaks Spanish? - - The law, is the law, is the law - - post it in Spanish!

[paulschmanke]

An introduction to sabermetrics, baseball analytics, data science, the R Language, and SQL.

Forward this opportunity for student growth to all the math & computer science teachers in your building(s) - we have to look for alternative ways to get boys and GIRLS into more STEM - - an interest in baseball and statistic could be that path!