Mirror of Justice

Education Accountability Version 2.0: a Letter to the Next President

July 17th, 2009 at 04:09pm Under Education Law

Dear Mr. President: Your education platform was filled with noble generalities. I suppose you thought you couldn’t get more specific because the No Child Left Behind Law is increasingly unpopular and unworkable, and there is no agreement about how to fix it. It is an issue that doesn’t lend itself to sound bites. To fix NCLB, you must first understand the skills that matter most in the 21st century and the ways in which the NCLB law is actually getting in the way of more meaningful accountability. And then you must invest in accountability “version 2.0.” Problem: Too few students are graduating from high school. The ones who do lack the essential skills they need for college, careers, and citizenship. Nearly one third of our students do not graduate from high school. This problem is not more widely known because states are not held accountable for improving their graduation rates. Additionally, states use different formulas for calculating their districts’ high school graduation rates, and almost all of them significantly overstate the numbers of students who graduate. Florida, for example, claims a seventy percent graduation rate, but the reality is closer to fifty-five percent. The majority of the students who do graduate from our nation’s public high schools are unprepared for college and the workplace. In the 21st century, the skills needed for careers, college, and citizenship have converged: Critical thinking, creative problem-solving, collaboration, and effective communication have become far more important than mere memorization and factual recall. However, at the high school level, states continue to test low level content knowledge and factual recall through multiple choice tests, and a passing score in even the most “rigorous” of these tests, such as the Massachusetts MCAS test, does not mean students are career and college-ready. Forty percent of the students who pass MCAS need remediation in college. Nationally, one out of every two students who starts college never completes a degree, and the main reason for this poor completion rate is students’ lack of college-level skills, not lack of subject content knowledge. Similarity, employers complain that most new employees lack proficiency in the “new basic” skills outlined above. Solution: The Department of Education should hold schools and districts accountable for their graduation rates and assess the skills that matter most. The Department of Education should require all school districts and states in the U.S. to report their high school graduation rates according to a common formula. To ensure that schools teach the skills that matter most, the Department of Education should “audit” school districts’ performance by testing representative sample populations of students with assessments that measure the most important skills. For example, the College and Work Readiness Assessment measures high school students’ analytic reasoning, critical thinking, problem-solving, and writing skills and compares them to the scores of freshmen in 250 colleges. (www.cae.org). Scores from tests like these will tell us whether our country is making progress in increasing the percentages of students who leave high school “college and work ready.” Scores of subgroups of students would be reported, as they are under the current law, to ensure that districts teach all students new skills. To create greater accountability, the Department of Education should issue and widely publicize an annual “report card” for every school district in the country. This short document would simply report the percent of students who graduate and the percent who graduate college-ready by subgroup. Transparency is a far more powerful way to create greater accountability than are the largely meaningless threats in the current law. States would then have the responsibility to develop strategies for helping their under-performing districts to improve. Problem: The accountability measurements for Adequate Yearly Progress incents states and districts to create a boring, dumbed-down, test prep curriculum, and there is no common standard for “proficient.” One major problem with the NCLB law is the unrealistic expectation that every school will improve the number of students who score “proficient” by a certain percent every year until 100 percent of the students in the nation are proficient by 2014. This expectation leads to two widespread practices: 1) Many states, like Mississippi and Wisconsin, create easy tests where the standard of “proficiency” is such a low bar that most students can pass; 2) To ensure that more students pass state tests, districts require teachers to teach the test content and give frequent practice tests, leaving no time for more interesting or enriching learning opportunities. Increasingly in this country, what gets tested is all that gets taught. The second major problem with the law is that it allows the standard of “proficiency” to be set by each state. So there are, in fact, fifty different standards of proficiency in this country. For example, students in Mississippi, who have traditionally been among the least literate in this country, are more “proficient” in reading than students in Minnesota, according to the two states’ test scores. Because the states’ standards vary so widely, their test scores tell us absolutely nothing about what students really know and can do. Solution: Create a national high school writing test, benchmark districts’ and states’ yearly progress to a common international standard, and make the unit of accountability the district, rather than individual students. Lack of writing skills is the number one complaint of both employers and college teachers. However, many states are no longer testing writing because they are not required to, and writing tests are expensive and time-consuming to score. To the extent that some states, like Massachusetts, test students’ writing, it is by requiring high school students merely to write a five paragraph essay. The solution is for the federal government to administer a two hour writing exam to demographic sample populations of eleventh graders in all states, as is done in many European countries. The essay question for the writing exam would be based on a major event or document in American History. For example: “Discuss the causes of the civil war and the ways in which these causes continue to influence current events in this country;” Or, “Which of the first ten amendments (which would be reproduced on the test) do you think is most important for a strong democracy and why.” The second solution to the lack of common standards is to use the Program for International Student Assessment (PISA) test results as the benchmark for progress in states’ education improvement efforts. American students are significantly outperformed by students in most other industrial nations, in part because the PISA tests require very little recall of information and much more application of knowledge to new problems. These are the skills that matter most in the real world, but they are not ones our students learn in their multiple choice world.  The incentive for states to improve their education outcomes is economic. States and school communities that have very low PISA scores, which would be widely publicized by the Department of Education, will not attract or keep businesses that demand all employees have 21st century skills. Finally, in order for states to be able to afford much higher quality tests, like the CWRA and PISA, they should no longer be required to test every student every year. State and district accountability can achieved by testing sample populations of students every year — a kind of educational audit. To do well on such tests, districts and schools would need to create local assessments for every student that were aligned with the new state and national tests. Each teacher would be regularly assessing all of his or her students to ensure that students who might be among those randomly chosen for the state and national tests would be well-prepared. Accountability 2.0 would focus schools and districts on preparing students for meaningful assessments which measure the skills that matter most in the 21st century. To prepare for these new tests, all students would be taught how to write, reason, analyze, pose thoughtful questions and solve problems. In short, they would learn the skills they need for college, careers, and citizenship, and they would be engaged in challenging and interesting work in their classes. Doing anything less that a version 2.0 of our accountability system puts our students’ and our country’s future at stake. ©2008 Tony Wagner

Legal Education

July 15th, 2009 at 10:10am Under Education Law

Do you think you have what it takes to pursue a legal education and practice the noble profession of law? Perhaps a closer look at this area of learning can provide you with some clues.
In a nutshell, a legal education is simply the education of individuals who intend to become attorneys and judges or some other legal professional. It is also pursued by those who intend to use a law degree towards some end, such as a career in politics or the academe, or another end which has no relation to law, such as business entrepreneurship..
A legal education covers both academic and vocational studies. A main requirement is for students to acquire an academic grounding in the legal system of their jurisdiction before they can obtain a law degree. For many, this is the hardest part of pursuing law as it entails endless hours of study and analysis, which is not a natural inclination of many students.
Before they can practice as lawyers, law students are required to demonstrate that they have learned professional skills such as advocacy and analysis. For instance, in many countries, law is an undergraduate degree and graduates of such a program can only become lawyers by passing the country’s equivalent of a bar exam. There are post-graduate programs available to help students specialize in a particular area of law.
In contrast, law is a graduate degree in the United States which students can only undertake after completing an undergraduate degree is some other field, whether related to law or not. Most American lawyers hold bachelor’s degrees in the humanities and social sciences. In many cases, law schools are an autonomous entity within a larger university.
Meanwhile, in Canada and other Commonwealth countries as well as in many other places around the world, a law school is referred to as a faculty of law, which is distinguished from a law school in the sense that a faculty is a subdivision of a university and is on the same rank with other faculties.. Also, in other countries, the final stages of a vocational legal education required to qualify to practice law are carried out outside the university system.

Paralegal Education and Certification in the Field of Law

July 14th, 2009 at 10:10pm Under Education Law

In the grand scheme of the field of law, paralegals play an important behind the scenes role in the day to activities that result in settlements, cases going to trial and all manner of litigation. Long considered the backbone of the legal field, their work is often unheralded though an integral part of the success of any given lawyer or law firm. Paralegals are well paid for their efforts, and unlike in many other fields, can count on above average earnings and a favorable job market.

What truly separates paralegals from those who hold positions in other industries, however, is the exceptionally favorable ratio of education to earnings that they enjoy. Most paralegals complete a two year associate level program and are ready to enter the profession through a federal, state agency or private practice. Compared with the earning potential for most other two year programs, the contrast is apparent.

Perhaps because of this, recent years have yielded several attempts by legislators and other entities to govern the credentials of working paralegals. Select consumer protection and some paralegal groups have petitioned congress for mandatory licensure of the profession under the premise that it would assure uniform standards of practice while guaranteeing that law firm clients receive services from qualified, well trained professionals. Opponents argue that regulation is moot point as the statutes disallowing the unauthorized practice of law provide sufficient safeguards.

Voluntary certification is offered from the National Association of Legal Assistants (NALA), the National Federation of Paralegal Associations (NFPA) and other groups who offer nationwide examinations. In addition, some states have regulations in place that would fall under the category of required compliance. California and Arizona, among others, require state certification of anyone who prepares or assists in the preparation of legal documents. Other states require continuing education criteria that must be met and reported to governing agencies in order for paralegals to remain employed.

In truth, the most effective form of competency assurances should be offered by paralegal employers. The lawyers who use their services must be able to rely on accurate, well documented information that will stand up to the rigors of the legal system. Without the ability to perform their duties effectively, those who wish to remain paralegals will find it extremely difficult to do so.

Law Courses and Career Scope

July 14th, 2009 at 05:38pm Under Administrative Law

If the world of law inspires you and the system of justice fascinates you, a career in law is for you. Legal profession is a fast growing, lucrative and the most respected career in India today. It is a very exciting and adventurous career. To pursue a career in law, one needs to pursue professional law courses. There are a number of institutes and universities in India that offer law courses. One could specialize into one of the various arms of law such as: corporation law, civil law, criminal law, and international law, labor law, patent law, tax law and so on.

In India, both government and private institutes offer under-graduate and post-graduate law courses to students. One could pursue LLB and LLM after graduation from these universities. Apart from the degree law courses, some institutes also offer diploma law courses in various disciplines such as Administrative Law, International Law, Labour Laws, Tax Laws and Corporate Laws. These small law courses are also helpful in building a successful career in law.

There are various branches of specialization in the field of law. These include civil law, criminal law, corporate law, property law, income tax law, marine law, public international law, family law, labour law, press law, excise law, constitutional law, administration law, sale of goods law, trade mark, copyright and patent law etc. Thus, there are numerous options for one to choose from. The eligibility to pursue LLB is 10+2. Course duration is 3-5 years and for a PG programme in law, the eligibility is LLB degree. Duration of LLM is two years. Once you pursue a course in law, you can opt for employment in different courts of law, in government service, as a law teacher, as a legal advisor to a company or a business house. One could also practice privately as a legal advisors advocate, solicitor etc.

On completion of the course, one can enroll with the local State Central Bar council. The Bar Council of India and the State Bar Councils are the statutory bodies that form a self regulated code of law for legal professionals practicing in India. Thus, all aspiring lawyers are required to enroll with these councils. Lawyers enjoy a position of reputation in the society and their services are required at different fronts in different situations of life. One falls back to the legal system when all else fails so the demand for legal practitioners is always high in society. During any dispute or a matter of legal concern, it is the duty of lawyers to counsel their clients about their legal rights. Lawyers suggest legal remedies and course of action in matters of contention. It is also the duty of lawyers to draw up legal documents like wills and contracts. Lawyers also represent clients in court and tribunal proceedings and conduct negotiations on behalf of their clients. .

To become a successful lawyer, just academic qualification is not sufficient. One needs to acquire professional competence through experience and practice under the mentorship of efficient lawyers. One learns the ropes of the profession and the shrewdness that is required with experience. The personal attributes that are required to be a good lawyer include communication skills, patience, logical reasoning, and a very good memory. A good lawyer would be well updated with the latest information on nay changes in law and would have done a fair amount of reading.

With a law degree, if one takes up additional qualification too, it will help in making the person eligible for a variety of employment opportunities such as government services where lawyers are appointed through UPSC and can join Indian Legal Service and serve as Law officers, Dy. Legal Advisors and Legal Advisors. One can also join judiciary where the posts are that of the magistrate, district and sessions judge, sub-magistrate, public prosecutor, solicitors, attorney general, advocate general, notary and oath commissioner. Then, there are law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in the registrar of companies’ office. Thus, there is no dearth of employment opportunities for those who have done law courses. With a law degree and an additional course, one can aspire to make a very successful career in the field of law.

Law Schools: Things You Must Know Before Getting Into Law Schools

July 14th, 2009 at 04:10pm Under Education Law

Building a career as an attorney is a task that requires lots of study, hard work, stamina and above all, goal orientation. Because the average salary of an attorney is quite lucrative, students are flocking to law schools, thus enhancing competition.

Requirements for Getting into Law Schools

To begin your career as an attorney, at least a bachelor’s degree in a related field, such as Criminal Justice or Humanities and Social Studies, is a must. However, getting into the top law schools is quite a difficult task. For instance, it requires a high GPA (Grade Point Average) of at least 3.0 or 3.5 to get admission into a school. Other requirements include:

Things You Must Know Before Enrolling in Law Schools

Top Education Guide is a comprehensive online database that provides information on various universities, campuses, vocational courses and degree programs that help progress one’s career. Log on to topeducationguide.com for free and accurate information that help enhance your professional goals.

Chula Vista, San Bernardino and Moreno Valley California Education Lawyer Discusses the Homeschooling Court Victory for Parents in California

July 13th, 2009 at 04:09pm Under Education Law

As California’s financial debt, overcrowding and budget cuts eat away at the quality of education being given to students in California, and as the number of families grow who feel they can give their children a better education than is given in public schools, and without the influence of bullies and other disruptive elements in their children’s lives, there is now a significant number of children being homeschooled in California. California education lawyers and education attorneys throughout the State of California have been aware of this large segment for some time now in California.

From Palm Springs to Palm Desert, San Diego to Orange County, from El Cajon and Chula Vista to Anaheim, Irvine, Newport Beach, Santa Ana and Anaheim, from Santa Barbara, Ventura, Santa Maria and San Luis Obispo to Yorba Linda, Rancho Cucamonga, Moreno Valley, Ontario, Fontana and Fullerton, from Riverside and San Bernardino to La Quinta, Indio and Coachella, the number of children being homeschooled has created a significant number of households in California.

Therefore, when in February 2008, a California court ruled that unless one of the parents of a homeschooled child had a credentialed teaching degree, their children being taught at home were truant, it shocked the families of these homeschooled children.

This ruling was thought to affect 200,000 kids in the State of California. Protests were raised from parents of these children to the Governor of the State.

On rehearing, the same judges made an equally stunning reversal of their opinion. Judge H. Walter Croskey, of the Second District Court of Appeal in Los Angeles wrote that so long as parents declare their home to be a private school, they can continue to homeschool their children, even without credentials.

Parents, especially Christian parents of homeschool children and homeschooling associations hailed the decision. Governor Schwarzenegger perhaps naively expressed his hope that this might settle the issue once and for all.

However, in his decision on the issue, Judge Croskey noted that while California impliedly allows parents to homeschool, California currently has no enforcement mechanism. He said, given the State’s compelling interest in educating its children, and the absence of an express statutory and regulatory framework for homeschooling in California, additional clarity would be helpful.

Parents of homeschooled children should realize that Judge Croskey’s opinion is an invitation to legislators to create statutes and regulations in this area as well as a mechanism to enforce the rules they set for homeschooling.A

s a lawyer who must constantly read new laws, parents should know too that wherever there are legislators, they are busy creating new regulations.

Governor Schwarzenegger’s hope notwithstanding, the court’s ruling did anything but abdicate the right to make further rulings. After first holding against homeschooling and then completely reversing course and admitting that it did so simply on an implied allowance by the State to allow it, the next court to review the subject could very well rule completely differently.

For the moment, however, parents teaching their children at home can breathe a sigh of relief. How long that relaxed atmosphere will last, however, will yet be up to the courts and the state legislature. 

If you have an education legal matter of any kind, we have the knowledge and resources to be your Moreno Valley Education Lawyers, and Chula Vista Education Attorneys. For this reason, be sure to hire a California law firm with education lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, El Cajon, San Bernardino, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have an education legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

La Quinta Business Lawyer’s Top Ten Things That Sarah Palin Would Change About the Constitution

July 13th, 2009 at 02:57am Under Constitutional Law

Here is La Quinta Business Lawyer Sebastian Gibson’s Top Ten:

1.The Vice President is in charge of the Senate.

 

2. The President must be a woman.

 

3. No more interviews of politicians.

 

4. The democratic party is outlawed.

 

5. Only one news channel – Fox News.

 

6. Any more fake calls from disc jockeys pretending to be the President of France and Canada is out of NAFTA, whatever those initials stand for in the constitution.

 

7. All turkeys are pardoned.

 

8. Snowmobiles should be used in place of cars throughout the U.S.

 

9. Anytime a woman is elected governor in Alaska, she automatically becomes the President two years later.

 

10. Rewrite the whole darn constitution with PTA moms in charge this time.

 

Now here is everything (well, almost everything) you need to know in businessabout environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words La Quinta business lawyer or La Quinta business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as La Quinta business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in La Quinta – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified La Quinta environmental attorney.

 

2. La Quinta International, Shipping and Maritime Law – A La Quinta international attorney with years of international legal education and experience such as you’ll find at our La Quinta law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a La Quinta international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between La Quinta international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. La Quinta Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a La Quinta election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. La Quinta Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a La Quinta consumer lawyer is immediately in order to avoid being scammed, or defrauded. A La Quinta consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a La Quinta consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in La Quinta – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a La Quinta constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Food and Wine Law, Hotel and Restaurant Law in La Quinta – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a La Quinta food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

7. La Quinta Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a La Quinta estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in La Quinta – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a La Quinta agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in La Quinta – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our La Quinta law firm stands ready to defend them

 

10. La Quinta Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our La Quinta personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in La Quinta, Palm Springs, Palm Desert, Coachella, Rancho Mirage, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our La Quinta law firm has the knowledge and resources to be your La Quinta Lawyers and your La Quinta Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in La Quinta or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a La Quinta attorney from our offices can assist you.

History of Education, Teacher Training, Teaching, Teachers

July 12th, 2009 at 10:09am Under Education Law

A Concise History of Education of Teachers, of Teacher Training and Teaching(ptint version of author’s site www.geocities.com/histedu

Western history of teacher training, education history, teaching theories, education of teachers, modern history od education, began in early 18th century Germany: teaching seminaries educating teachers were the first formal teacher training in Western history of education and teaching.

(History of education had 2nd century-BC Greek Spartan free public education, Athenian Academy until age 18 and higher Academy and Lyceum; Roman private formal schooling in tiers; China’s 1st century-BC administrator examinations; 1st century Jewish informal Cul’ Tura general education; Islam’s 9th century universities [madrasahs]; 16th century Aztec mandatory teen education; 18th century Russian nation-wide education, Poland’s Education Ministry, Chez ‘teacher of nations’ Comenius’s ‘Didactica Magna’ on universal education [compulsory, certified teachers, tests]; leading later Western history of education –17th century Scotland’s free education, 18th’s Norway’s mandatory literacy and  New Zealand’s standard education, 21st’s Europe’s Bologna process equalising educational qualifications.)

Teacher education and training, first teacher training college in French  history of education and history of teaching, Jean Babtiste de la Salle’s 18th century Brothers of the Christian schools, had non-clerical male teachers teaching poor and middle class children. Based on Greek philosophers’ philosophy of education and teaching, re-introduced by Islam, spirituality was not its only reason, basis of education. Teacher education and training had been clerical –this was Western history of education’s first secular teacher training college.

This philosophy of education changed educational history’s attitude to education. It reformed education, educational theory, learning, enabled further education reforms and educational theories of teaching in history of education. With education reforms in education history, educational theory of teacher education required of teachers an understanding of the human mind and the theory of education, knowledge of sciences and arts, principles and educational methods of teaching. This need in educational history for a teaching method, method of education, necessitated theories of education -in Western history of education educational theories on teacher education interested educators.

These educational philosophies and theories of education on teacher education became the norm in Western history of education, teacher training establishments first Normal Schools in the history of education and training of teachers.

Teacher education progressed educational history: in history of education and history of teaching the system of education required and enabled knowledge, in-service experience, certification for teachers, continuing professional development for teachers in teaching. This non-uniform system of teacher education and training enabled teachers, while teaching, at teacher seminars to refresh and increase their knowledge of theory of education and method of teaching -exchanging ideas among teachers.

Napoleon, in history of education and teacher training,  uniformed professional teaching. Adopting Germany’s teacher seminars, in French history of education and in Western history of education and training of teachers, established the first uniform teacher education system.

Neither the USA’s educational history nor British history of education did in educational philosophies, systems of education, include formal teacher education and training, although Elizabeth-I had introduced teachers’ moral teaching fitness certification in teacher education .

In England’s history of education and teaching, in early 19th century Joseph Lancaster and Andrew Bell founded the Lancastarian teaching method of teacher training: in a monitorial system of teacher education and training senior students (‘monitors’) receiving teaching from tutors were teaching junior students, acting as teachers.

In Scotland’s history of education and teaching, 17th century free education compulsory in late 19th, Germany’s teacher education and training influenced David Stowe’s founding the Glasgow Normal Seminary for teachers.

Progress in teaching and teacher training began with Horace Mann’s Massachusetts Normal Schools in the USA’s educational history, and in Britain’s history of education by the churches’ and voluntary organisations’ teacher training colleges and teaching the colonials.

In philosophies of education arguments followed on teacher education in educational history: should persons of lower English social class attend teacher training colleges and give teaching to children of higher social class!? Might teachers’ teaching not influence young French minds with liberal ideas?!

(Japan’s educational philosophy [perhaps influencing the USA's educational philosophy, history of education and teaching] emphasised patriotic teacher education and teaching.)

In Europe’s history of teacher education and training, Rosencrantz’s 19th century ‘Philosophy of Education’ emphasised ‘philosophical and psychological data’; this, resembling Islam’s university faculties, developed into separate teaching disciplines.

In Sweden’s history of education and teaching, Pestalozzi furthered the progress of systems of education, advocating formal teacher training colleges.

(Pestalozzi, except theologically, was self-educated, did not leave a written account of teaching and of teacher training colleges; his place in the history of education and teaching is deducible in outline from his various writings, loving sincere deeds, the example he set.)

Germany’s Froebel, and Alexander Bain’s ‘Education as a Science’, favoured education of teachers through teacher training colleges; teacher education adopted what philosophies of education in Western educational history and teaching had lacked -Herbart’s pedagogical emphasis in teaching on five formal steps: preparation, presentation, comparison, generalisation, application.

Germany’s teacher education and training became the basis of developments in the history of education and teacher training; Derwent Coleridge and James Kay Shuttleworth in Britain, Mann in the USA broadly agreed: teacher education and training should emphasise techniques of teaching -”not only the subjects of instructions, but also the method of teaching”.

Jules Ferry laws’ compulsory education established teacher education and training in late 19th century French history of education: teacher education and training, by law, should be through formal teacher training colleges.

English speaking countries’ history of education and teaching, formal teacher education and training, began with the University of Edinburgh’s creating a chair in education, with St. Andrews; in the USA’s history of education, e.g., Henry Bernard, Nicholas Murray Butler, followed.

In Western history of education, England’s progress involved pedagogy and Herbart Sepencer’s teaching techniques in teacher education and training, the USA’s e.g., Francis W. Parker’s, studying Germany’s pedagogical teacher education developments.

In the USA’s history of education and teaching the Darwinian hypothesis (as before later scientific evaluation) influenced John Dewey at the University of Chicago Laboratory Schools; taking into account from other disciplines what were considered relevant in teaching to child development, Brown University founded an education department.

(The La Salle College in Philadelphia, had been teaching education.)

New York’s Teachers College, founded 1888, was incorporated into the Columbia University, 1893, establishing its teacher training college, announcing: “The purpose of the Teacher Training College is to afford opportunity, both theoretical and practical, for the training of teachers, of both sexes, for kindergartens and elementary schools and secondary schools, of principals, supervisors, and superintendents of schools, and of specialists in various branches of school work, involving normal schools and colleges” -it became the basis, in Western history of education and teaching, of teacher education and training and Teacher Colleges.

(The USA’s educational history experts’ versions vary on it history of education.) 

In most of British Commonwealth’s history of education and system of teacher training, entry into teacher training came to require senior secondary education at High School level or British Grammar School education with national Matriculation or Ordinary and Advanced General Certificate of Education (GCE) examinations –or equivalent.

In Europe’s history of education and teacher training, education with similar Gymnasium(/Abitur)  or General Lycè e Diploma, or equivalent education, became professional teacher education and training entry qualification.

(In British history of education, until early 20th century, holders of those qualifications, by selection examination, could become temporary teachers. Oxbridge graduates could register ‘master’ and be syndicated teachers. Other universities’ graduates, to become teachers, attended teacher training colleges [if Bachelor of Education, second year teacher training of a teacher training college].)

In British Commonwealth’s history of education greater importance was attached to professionalism in teacher education and training: academic qualifications did not suffice for teaching; teacher examinations required specific periods of specifically professional study in teaching. Professional teaching involved two years’ professional study in teaching and additional in-house teacher training before professional teacher status. Professional teachers could, with another educational year at the teacher training college, specialise in a subject, e.g., geography or history (in farming colonies, e.g., Cyprus where Agriculture became a secondary school examination subject,  with one or two more educational years’ through the Teacher Training College’s Rural Agricultural School). Science graduates without professional teaching training and education qualified for permanent teaching after a year’s classroom teaching experience approved by professionally qualified headmasters, as teachers of their subjects. Teachers were expected to attend teachers’ seminars as continuing professional development.

While professional qualifications are regarded for professional reasons equivalent to doctorates in their counterparts and what qualify for teaching, teacher education and training (school age becoming lower and years less, to enable maturer teachers and teaching), for professional teaching knowledge and skills acquired at teacher training colleges, favoured bachelor degrees with teaching content emphasising skills over theory and, e.g., the USA’s academic ‘first professional degree’ –more for research than professional practice.

(British history of education desired teaching with Post-graduate Certificate in Education [PGCE] -for English state school teaching Qualified Teacher Status [QTS] skills test, and [also if Bachelor of Education] successfully completing an induction year [in Scotland two] in school teaching as Newly Qualified Teacher [NQT], with continuing professional development; alternatively a specific teaching degree or on-the-job teacher training. Teachers trained at Teacher Training Colleges in [former] colonies –and similarly trained teachers with GCSE [grade C] or equivalent in English and Mathematics [for primary school teaching, also Physics] enjoy Qualified Teacher Status.)

(Canada’s provinces or schools certify teachers; Australia requires none for federally funded private schools; France’s is college/bachelor and Teacher Institute [master’s -2010].)

{In the USA’s history of education, until 1960s, one year’s teacher training college education was required for teacher certification. In 1984 an alternate teaching route was introduced: bachelor’s with teaching preparation and within a specified number of years completing a teaching or content based master’s. (Some universities award [with summer study] bachelor degrees in two years, some two bachelor degrees simultaneously [e.g., with two arts and two science majors both BA Philosophy and BS ChE Chemical Engineering]; the  doctoral JD is pre-requisite to master’s LL.M which not all tenured professors need posses.) The ‘Master of Professional Studies’ (MPS) First Professional Degree is academic, not professional. Many states require of teachers, for permanent teaching, examinations in pedagogy and a content area or general knowledge accredited by many private associations’ varying standards; in early 21st century Marlboro-Carolina 20% of teachers had no certification.}

In educational history post general education having been academic for career advancement and scholarly activity or research, or professional for actual practice in the filed, the professional qualification is normally the terminating qualification; in professional teaching, advanced professional degrees enabling specialised teaching, e.g., at universities, are not regarded as part of professional teacher education and training for general education teaching; the USA’s main master’s area is for Ed.D or Ph.D. –research.)

In European history of education, teaching related educational leadership gained importance at the end of 20th century. Desiring the benefits of learnable leadership skills and inherent personal leadership qualities, teachers’ educational leadership skills in teaching leadership are remunerated according to national teacher pay scales.

The USA’s educational leadership teachers’ pay is non-uniform; educational leadership skills standards vary. Graduate educational leadership programs are in, e.g., community issues and educational law. Private Teacher Advancement Programmes (TAP) subscribed by some schools encourage teachers in administrative or teaching development: a teacher prepares an individual growth plan (IGP) with an educational goal or teaching activity, or a cluster group of teachers identify a student learning need, becoming ‘mentor’ or ‘master teacher’/‘teacher of teachers’.

As others’, USA’s teacher training colleges’ comparable teaching qualifications enjoy international regard.

In their history of education, having less aspired to ‘practical’ general education as in the USA and 21st century Britain, most British Commonwealth and European teaching institutions almost uniformly value widely academic general education as culture not acquirable in post general education (e.g., an opposition leader to a Prime Minister [both lawyers] “I as a Grammar School boy” [would not take ‘that’ from him who was not]) and Britain’s suggestion to equate practical skills certificates with general academic qualifications was criticised.

(Early 21st century British educational history saw [university or equivalent  mandatory student grants becoming loans, unemployment necessitating longer and more courses, foreigners scoring higher in English] no increase since late 20th in literacy.)

(In the USA’s history of education, with 20% adult functional illiteracy, as the educationists’ concerns grew, the educationalists considered Europe’s baccalaureate system of education; with growing public interest in education, at the end of 20th century a state appointed three generals to improve the standards of teaching and education and at the beginning of 21st century a general was appointed to federally improve teaching and educational standards.)

In educational history interest in the teaching profession has been based on the status of teachers. Regard for teachers in late 20th century was highest in Russia where teachers enjoyed better employment terms than elsewhere.

(In Britain’s history of education, 1980s’ miss-projection of numbers of teachers needed necessitated engaging science graduates without teaching qualifications as teachers; but a status was enjoyed by teachers of regard as in Europe, and, about the end of 20th century, knighthood for long serving teachers was suggested –due to controversy over peerages it did not materialise. At the beginning of 21st century reducing undergraduate degrees to two years with vocational content was considered, with master’s for teachers -also non-major professional qualifications being above undergraduate degrees in National Vocational Qualifications; but Teachers’ status was regarded to have been equated for economical reasons to classroom assistants’ socially criticised for taking classes without professional teacher education and training.])

In the USA’s history of education, teaching has hailed a form of essentialism in education, with a culture of practicality and model citizenry, emphasising respect for authority (advocated also for 21st century British education); with no general minimum standard in teacher training and education, some states not recognising the teaching qualifications of some others, teachers and teaching appear officially to enjoy no higher regard then Bernard Shaw’s remark (about writers) “Those who can, do; those who can not, teach”.

(In the USA, e.g., some teachers paid only term time having to seek vacation work, teaching and teachers generally are regarded to have enjoyed less good terms and conditions than elsewhere in proportion to social regard and public resources.)

The growth of interest in culture and education in Western history of teaching has been seen in the European Union, e.g., in Cyprus with the popularisation of education in mid. 20th century -reportedly with highest percentage of university graduates by 21st.

In Western educational reforms spiritual values in education are protected by teaching religious studies in schools in American secularism (protection of religion from political influence) and by the religious affiliations of many universities; in European secularism (protecting against one’s formal dominance of the other), often with a state religion enshrined in the constitution, this is ensured by, e.g., Britain’s Education Acts’ requirement in compulsory education of religious worship by pupils at least once a month and, while British universities are not formally religiously affiliated, the availability of  chapels and chaplains to students at universities.

While preferences in education (e.g., the pedagogy based Steiner-Waldorf education for creating free moral and integrated individuals -its teachers’ and schools’ say on defining the curricula by some disagreed with, or Montessori’s pre-school and elementary school child’s self directed activities with auto-didactic equipment -regarded by some as risking raising obedient automatons), and  emphasis (be it practical skills or Emerson’s ‘thinking man’), have all had praise and criticism in the history of education and teaching and arguments continue on pragmatism and creation -v- evolution, generally Socrates’s argument that the rightly trained mind turns toward virtue carries weight in most educational systems. Basically, in every history of education, an important aim of education and the societies’ all time expectations have been on the lines of these verses (by the Cypriot teacher, the late Orhan Seyfi Ari):

” ‘I was an ape’ you say -or amphibian?And now?! Are you not now.. ‘man’!? ”

The cultural values balance have been more reflected in the education and training of teachers in Western history of education and teaching and the status of teachers in Europe mostly in Spain, Italy and France where, without much disregard to spiritual values, school teachers’ political and ideological affiliations have been the norm in professional teaching. 

The web site may interest on teacher the late Orhan Seyfi Ari at www.geocities.com/eoa_uk