Wide-ranging presentations and lively discussion today at the AEI/Fordham conference on judicial involvement in education!
During this afternoon's panel on discipline, special education and district management, Richard Arum of NY University told us that school discipline litigation has been increasing over time and that 11 percent of teachers, 55 percent of administrators and 73 percent of administrators with 15 years of experience have been threatened with lawsuits. About 14 percent of administrators have actually faced one, he said. Samuel Bagenstos of the Washington University School of Law took issue with the notion that litigation is exploding however--noting that there's actually "shockingly little" litigation surrounding the Individuals with Disabilities Education Act. Meanwhile, Fordham's Mike Petrilli, who was moderating the panel, wondered aloud whether schools can fix discipline problems without court involvement. Alan Bersin, California State Board of Education member and former California Education Secretary, told us that court decisions actually leave educators with a lot of flexibility in this area but school leaders remain cautious.
Earlier in the day, other distinguished panelists discussed No Child Left Behind, school funding and school desegregation issues. All of their papers are available here, along with more information about the daylong event (which was recorded and will eventually be posted on AEI's website).