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    The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky.

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    Saturday
    04Jul

    My Favorite Holiday

    Just wishing everyone a spectacular July 4. It's pouring down rain right now here in Illinois, but it doesn't spoil my enthusiasm at all. I got a little fishing planned for later today and fireworks tonight.

    On this July 4, everyone should remember our founding fathers and present day soldiers, but give a little time to contemplate over our educational founding fathers as well and the events that shaped our particularly American system of education. Spend a minute to research education in your state or in your own school. For all its faults, we have built a beautiful and revolutionary education system here in the United States and that took the labor and dedication of millions of our fore fathers who believed in the same dream as those that signed our Declaration of Independence.

    Wednesday
    01Jul

    Bankrupt Schools - Implications

    Until this year, I have never really heard of a school district going bankrupt. It's an extremely rare event. But, Detroit may be left no other option and several schools in California (2) are telling the state they simply cannot pay their bills anymore.

    We don't hear about school bankruptcy normally for several reasons. Schools usually have rainy day funds, they usually compensate for lower budgets with cuts, and if everything else goes wrong the state may well bail them out. But, rainy day funds are exhausted. Staff and programs have already been cut to bare minimums. And, some states (California, Nevada, Florida, etc.) are in worse shape than the schools. In effect, there are no more fallback plans. Bankruptcy is real option.

    So ... can schools, as public entities, go bankrupt? Yes - and here are some details:

    Chapter 9 of the Bankruptcy Code provides for municipality bankruptcy, which under the definition expressly includes school districts. Not surprisingly, this provision was put in place during the Great Depression. But, use of this provision is very rare. Since its passage, it has been used less than 500 times. Compare that to the over a million Chapter 7 and 13 filings that are going to happen this year alone.

    Here's the deal with Chapter 9, though. There are serious federalism problems when a federal court, acting under federal statutes, seeks to tell a state entity how to restructure its debt. There is far less flexibility than in personal or corporate bankruptcies for restructuring. For instance, schools can't just stop offering math. They can't sell off a division, like GM with Saturn. The federal bankruptcy judge can't tell the state to sell property. There is some flexibility with union contracts, but those are more procedural than substantive. In short, there is not a heck of a lot a court can do in these situations other than provide protection and negotiating power to municipal debtors against creditors - who, together, sort of have to work it out. If they don't, though, there is less protection for creditors against public debtors than against private debtors.

    What happens is that after failure of good faith negotiations between the creditor and debtor, the debtor (school) must offer a restructuring plan to the court. Unlike other bankruptcies, the creditor is not permitted to offer a counter-restructuring plan (because we don't allow private entities to dictate public financial choices). The judge then reviews it for legality on several aspects and, if legal and not overly unfair to the creditor, will confirm it and the school district's debt will be discharged as articulated in their restructuring plan.

    Really, what schools get here is time because bonds and other general debt do not have to be paid during the court proceedings, which could last a long time. And, while they probably can't just write off debt like under Chapter 7, the restructuring can put off payment of that debt for a while. The beauty is that schools don't really have to change all that much as long as they propose a plan that conforms with all the bankruptcy laws. If they do, federal judges and creditors are not in a strong position to deny that plan. So, there are certainly short-term financial benefits to filing.

    The downside, though, is that school districts have credit ratings just like individuals (instead of numbers they use letters). This is for the bonds that schools get for buildings and repairs and whatnot. Of course, bankruptcy will absolutely destroy a credit rating and these schools will have serious trouble getting acceptable loans in the future. For instance, the damage was so bad to the 1991 bankruptcy of Richmond Unified School District in California that it was forced to change its name and it is still trying to get out from under millions of dollars of debt nearly 20 years later. Going down to a default credit rating will absolutely destroy a district's ability to obtain money.

    So, as we see more and more school districts start to consider the nuclear option of bankruptcy, keep in mind the far reaching implications it will have on the kid's kids in that district. I would hate to have to be the school leader that pulls the trigger on one of these filings.

    Tuesday
    30Jun

    Do Students Dislike Education Law Classes? Evidence from Twitter

    Playing around with Twitter tonight. Signed up even (you can follow me at edjurist and/or if you are reading this I should probably be following you, so please tell me you handle in way or another).

    Anyway, ran a search for "education law" and "school law" and this is what I got (representative).


    I sort of like Twitter because of the personal and honest nature of the posts. But, if this is what people honestly have to say about school law courses, it is a little concerning.

    I really don't get why school law courses have to be boring. That is certainly their reputation, and perhaps it is deserved, but it is totally unnecessary. There are so many cool things out there related to education law. Yes, there are stuffy cases ... but the stuffy cases are about strip searches and the like. There are YouTube videos to watch (or make), lots of fun activities, lots of interesting news clippings ... there is just a lot of interesting stuff that, if presented properly, simply cannot lead to boredom.

    So, that's one of the reasons I joined twitter. I come across interesting school law related stuff all the time, but most of it is not post worthy on this increasingly scholarly oriented blog. But, that stuff is perfect for Twitter. So, hopefully we can get some other school law profs tweeting and we can collectively take the edge off a little.

    Tuesday
    30Jun

    ELA's Perspective

    This is encouraging from ELA.

    Administrator, Attorney and Professor perspective on Forest Grove.

    Ditto for Safford v. Redding.

    Tuesday
    30Jun

    A Symbolic End to Bush Era Symbolism

    Something about this just makes me feel good inside and I thought I would share:

    I hated those damn schoolhouses. Nothing says "we're a joke over here" like fabricating symbolism and the Bush Administration was really good at such blatent fabrications. From the name of the law, to "scientifically based research," to the 2013 deadline, to these damn schoolhouses. Good riddance schoolhouses ... may I never think on you again.

    h/t Tom Panarese

    Monday
    29Jun

    Discrimination is Delicate - Leave This One to Lawyers

    Today we got the ruling from the Supreme Court in Ricci v. DeStefano - the case that people only really care about because the Supreme Court overturned the Second Circuit panel on which nominee J. Sonia Sotomayor sat. The point I want to make is not the one that you will see splashed all over the papers or cable news in the coming months, but instead I want to use this opportunity to reiterate that discrimination is an extremely delicate topic - and really, one best dealt with by lawyers.

    The New Haven Fire Department thought it was doing the right thing in tossing a test that seemed discriminatory against African Americans. Turns out, as the Supreme Court has ruled, it was discriminatory against Whites and Latinos. The question here was whether in trying to reduce a disparate impact against one racial minority, the employers in fact committed disparate treatment Photocredit: TheeErinagainst other racial groups. Really, this is can't win territory here and the best legal route may not, and probably does not, correspond with the best ethical route. Ethics aside, even then it can be extremely difficult to know what the proper legal route is as we swing 5-4 in case after case from the Supreme Court in this area. 

    So, I am going to go against my normal tradition today which encourages school administrators to make their own informed, best legal judgments and recommend that when it comes to issues of discrimination in the workplace ... call your board attorney.

     

    P.S. - Know what today's decision makes me think about, and question? - the discrimination inherent in merit pay systems. Today's decision may quell some of those fears (or heighten them, as we know that future Justice Sotomayor would go the other way).

    Thursday
    25Jun

    Edjurist TV Episode 5: Initial Thoughts on Safford Unified School District v. Redding

    The Redding case is out today (so is Horne v. Flores, but I'll address that later). Basically, my thoughts on Redding are ... Wahoo ... as I articule in Episode 5.

    Here are some other links.

    MSNBC reporting.

    School Law Blog

    ASCD Inservice

    And here are all my previous posts:

    Thoughts and Resources.

    Wins en banc appeal.

    Goes to en banc appeal.

    Continues to get attention (with video embed).

    Original Post (with comment from Savana Redding).

     

    Wednesday
    24Jun

    Interesting Short Article on Parents Involved

    A good deal of scholarship has been published in the legal and educational communities since the Supreme Court decided the Parents Involved case. In that case, the Court struck down the student assignment systems of Seattle, Washington and Louisville, Kentucky on Equal Protection grounds. Justice Kennedy (nearly universally regarded as the "swing" Justice, now that Justice O'Connor is gone) wrote the decision.

    Most of the scholarship has either described the case, fit the case into existing jurisprudence, or made normative claims about its correctness or the likely consequences. Recently, though, I came across an interesting piece in the Teachers College Record addressing the case from the perspective of a social science researcher. The author, Professor David Armor of George Mason University, evaluates the portions of Justice Kennedy's opinion in which he accepted the conclusion of the "liberal wing" of the Court that desegregation was a compelling governmental interest, but rejected the justification for this conclusion, which the Justices in the "liberal wing" based on social science evidence indicating positive average effect sizes in test scores resulting from desegregation. Professor Armor makes some important points that practitioners and researchers of constitutional law would do well to understand. The article is here. In particular, I think Professor Armor gets at a thorny concept--statistical effect versus the practical meaning of such an effect--that confuses many legal decision makers.

    I think that Professor Armor's points are particularly salient today because legal scholarship, and increasingly legal adjudication, are becoming permeated with social science methodologies and evidence. Few lawyers and judges have the training necessary to understand such evidence and its limitations, and much legal decision making involving such information illustrates this lack of training. I hope that more work like Professor Armor's will help legal decision makers to understand what social science evidence can and cannot show.

    Wednesday
    24Jun

    Board Certification for Education Lawyers in Florida

    Yesterday, I received the following message from the Florida Bar (of which I am a member).  It announces the approval of board certification procedures for education law and adoption law.  For those unfamiliar, board certification is a designation that a lawyer may achieve only after several years of successful and ethical practice in the field.  It is a highly rigorous process that designates a lawyer as a bona fide expert in the field of certification.  I am not sure how many other states have decided to offer this designation in education law, but it is quite encouraging that our field of practice and scholarship is being recognized as distinct enough from other practice areas to justify board certification.  I look forward to seeing who earns the designation.  Here is the announcement:

    On June 11, 2009, the Supreme Court of Florida adopted rules regarding two new areas of board certification– educationlaw and adoptionlaw– to Chapter 6 of the Rules Regulating The Florida Bar. In re: Amendments to the Rules Regulating The Florida Bar– Rules 6-27 and 6-28, SC08-1981, effective June 11, 2009.

    Florida attorneys will be able to apply later this year for certification in adoption law and education law.

    For more information, go to: http://www.floridabar.org/certification or contact spiland@flabar.org (adoption law) and jcoiro@flabar.org (education law).

    Applicants are also being sought for the adoption law and education law certification committees.

    The rules can be found on the Florida Bar’s web site: http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView

    The court opinion can be found on the Court’s web site: http://www.floridasupremecourt.org/decisions/opinions.shtml

    Tuesday
    23Jun

    Blogging Teacher Correctly Demoted

    The Ninth Circuit has held in Richerson v. Beckon that a teacher who uses her blog to post comments about other employees can have adverse employment consequences taken against her. The teacher, an instructional coach and curriculum specialist, published posts on her personal blog that talked about issues that arose at work. While she never named names, the subjects of the posts were easily identifiable to her co-workers, who refused to work with her. The principal then transferred her back into a regular teaching role.

    The court used Pickering as the central analysis, I was pleased to see:

         Particularly relevant to Richerson’s case are the considerations of whether her speech “disrupt[ed] co-worker relations,” “erode[d] a close working relationship premised on personal loyalty and confidentiality,” or “interfere[d] with the speaker’s performance of her or his duties.”
         It is abundantly clear from undisputed evidence in the record that Richerson’s speech had a significantly deleterious effect in each of these ways.

    Right result here and right analysis. This was a relatively simple case that the court didn't mess up by harping over the Internet speech or getting tied up with Garcetti.

    H/T - Mitchell Rubinstein

    Tuesday
    23Jun

    The Rubber Room Balloon

    Unbelieveable, really. 700 teachers in New York sitting in rubber rooms waiting on hearings, costing the city an estimated 65 million dollars a year. The issue:

    ...because their cases are heard by 23 arbitrators who work only five days a month, stints of two or three years in a rubber room are common, and some teachers have been there for five or six.

    Hire more arbitrators/hearing officers? I don't see anything in the law that prevents that. Just a thought. I'm sure they have some excuse or another, but at this point I don't think any excuse is sufficient. This has become a national embarassment for education and it needs to go away ... pronto.

    Monday
    22Jun

    Learning About Roberts and Alito: Forest Grove School District v. T.A.

    The Supreme Court released Forest Grove Sch. Dist. v. T. A. today and in it found for the parents that their private school tuition should be reimbursed by the public school, even though the public school never made an attempt to provide FAPE in the first place. I think this is really the first education case in which we are feeling the full effects of Justices Roberts and Alito and, in particular, how those two justices are different than Justices Scalia and Thomas. Let me explain ...
     
    The case concerned a high school student that was struggling. After his freshmen year the student was evaluated by the public school and the school concluded he did not have a disability. The academic results did not improve and, in the student's junior year, the parents became concerned and consulted private specialists to determine the cause of the academic struggles. The private evaluator diagnosed the student with ADHD and learning disabilities and recommended a private, residential, special education placement. The parents then enrolled him in a private academy. A few days later they informed the school and, after an evaluation, the school again found the student ineligible. The student was left in the private school for his senior year and the parents sought reimbursement for all those private school costs.
     
    So, this is sort of a technical case, but I'll try to boil it down for us. This case basically came down to (1) statutory interpretation and (2) gut feeling on the purpose of IDEA and the effects of this policy.
     
    First, statutorily this is a close call as IDEA does not really say what to do in instances where there simply was no FAPE provision at all. IDEA contemplates and instructs when a school tries and fails to provide FAPE, but not when a school evaluates that no FAPE is necessary in the first place, as it does in this case. So, if you want to get technical (and I have a variety of readers so I know some of you do), then the statutory provisions to consider in depth come from Section 1412(a)(10)(c). In particular read 1412(a)(10)(C)(i) against 1412(a)(10)(C)(ii). If you don't want to get so into the legalese, they generally say that publics should not have to pay for private school education if they provided FAPE, that is unless later that FAPE is determined inadequate by the courts. Justice Souter in dissent (with Scalia and Thomas) makes a good argument that the provision is pretty clear that first you have to try and fail with the public option - that trying the private option without getting a flat denial or inadequate FAPE does not warrant reimbursement. In this case, where they unilaterally placed in the junior year without first trying the public, were we to merely consider statutory interpretation it's hard to see how reimbursement is permitted under the language of IDEA. Of course, in these cases we usually don't merely consider the language by itself, and that is how Roberts and Alito are different than Scalia and Thomas.
     
    Now, if you are to consider the practical effects of all this stuff and the policy effect it will have on children with disabilities, one is much more likely to find for the parents. Really, even though this is an important case in special education law, this is not life and death, especially in the Court's eyes who regularly deal with life and death. In all of the cases this ruling might apply to, the student is going to be a borderline special education student where he or she will be receiving some education in the regular education setting anyway. Really, it is only in very close calls that this case will even matter all that much. When you have (1) a close practical case like this, (2) a close statutory case like this and (3) there are feasible legal and policy interpretations on either side, Roberts and Alito came down on the side of sympathy to the law's original purpose and, frankly, sympathy to the plight of special education students and their parents. Stevens, writing for the majority in which Roberts and Alito joined, almost expressly states as much when he talks about the "remedial purpose of IDEA."
     
    In the ability to consider a sympathetic position both to Congress and to plaintiffs we see a difference emerging between Roberts and Alito on one hand and Scalia and Thomas on the other. Scalia and Thomas would sentence themselves to death if that is what the language said in their mind, even in a close and ethically challenging case. They are proud of the fact that courts should not involve themselves in issues of policy or sympathy. Roberts and Alito take a somewhat more flexible approach in that when the language is plain it must be followed, but when it is not other considerations are warranted. Either result here could have been good or bad practically. A ruling for the school would embolden schools to flatly deny FAPE in the first place while a ruling for parents would, and will, encourage them to seek more costly unilateral placements that taxpayers will eventually have to fund. Considering the purpose of IDEA, the risk should be born by the taxpayers. And, frankly, I think this development in Robert's and Alito's judicial temperment is a good development for education generally and for students in particular (as long as you are a sympathitic student ... a.k.a. not Joseph Frederick). 
    Thursday
    18Jun

    Answering Scott's Question: Bureaucracy or Democracy

    Like many of you, I have excitedly followed along with the events in Iran. Yesterday, not by chance (the video was released because of the events), Scott McLeod posted Clay Shirky's latest TED talk and I also read Clay's Q & A on the Iranian situation.

    Scott's question:

    Shirky notes that we are living through "the largest increase in expressive capability in human history." Wait, isn't it a function of K-12 schools to help students be effective communicators in the media of their time?

    In response, let me say this: I think democratic schools would "help students be effective communicators in the media of their time." Thus, the question fundamentally is one of the democractic nature of our education system (or lack thereof, but, we'll get back to that).

    First, though, schools are resistant to this kind of democratizing change toward social media for a reason ... fear. Really, no different than the fear shown by the Iranian government right now, just a difference of degree. We block Youtube in our schools for the same reason Iran blocks Youtube in their country or China blocks Twitter ... we can't control it ... and therefore it is viewed as dangerous.

    Thus, for me, the social media adoption fight in our schools has always been a democratic fight, not a technological fight. We know the technology and we could implement it fairly easily. The system is resisting though, perhaps correctly, because of fear. It is an innate resistance inherent in bureaucratic systems -- i.e. the whole reason bureaucracies are built in the first place is to resist (or stop) change.

    Now, if you are a government, there really is nothing more dangerous than teaching the entire population how to communicate with each other without you (Iran has found out the hard way that too many of it's citizens knew how to tweet). And, this innate resistance, particularly because of it's heightened danger, is chiefly responsible for the nationwide bureaucratic resistance to social media adoption in schools. Particularly in schools, actually, both because the law allows the government more regulatory freedom there and, relatedly, students are much less passive than middle aged men with mortgages.

    So, returning to Scott's question,"isn't it a function of K-12 schools to help students be effective communicators in the media of their time?" The answer is clearly "no" if two things are true. First, the fundamental purpose of our schools must be bureaucracy, and not democracy, and I think one can make a legitimate argument that such is the case. Second, though, the bureaucracy must not have internalized, and thus removed from fear from, the change.

    And, in this second point is our lesson. Schools may well be bureaucratic - any school law scholar such as myself would be hard pressed to conclude otherwise. But, simply because schools are bureaucratic does not necessarily mean they must be anti-democratic. When one can remove the fear from a democratic initiative, bureaucracies can readily adapt. This is what Obama did in the FISA example in Clay's talk. He, or his campaign, overcame the fear of dissent and thus his bureaucracy actually promoted democracy.

    So, the answer to Scott's question can be yes either if our schools are fully democratic (and maybe I am underestimating them) or, more realistically, the bureaucracy embraces the fear, removes it, and stays one step ahead of its populace. And, this is how we are, or must be, different than Iran ... one hopes.

    Thursday
    18Jun

    Credit for Release-Time Religion Class

    Howard Friedman, who does yeoman's work at Religion Clause, has an interesting religion case out of Spartanburg, S.C. where they are giving academic credit and grades to religious-based courses offered during school release time. Spartanburg is responding to a 2006 S.C. statute that permitted such credit to be awarded for release time activities. 

    Hard to see how see how South Carolina gets away with this one, but it will make for interesting case law if it goes to trial and up on appeal. 

    Thursday
    18Jun

    RTI and Special Education Enrollment Declines 

    I'm teaching a special education class at the moment and I was forced to reevaluate a long held belief. You see, since IDEA was first passed as EAHCA in 1975, there has been a steady increase in special education enrollments nationally. At least, that was what I told my students because last time I checked, that hadn't changed. Well, I checked again after a discussion about RTI implementation in Kentucky and sure enough, at least in Kentucky, we have for the first time seen a decline. Here is the data and here is a chart:

    Okay, a few things to note. I put in the trendline so that you can see the trend is still very much in the positive direction since 1992. Second, there was a negligible decline in the 07 numbers, but a fairly substantial decline in the 08 numbers (so it will be interesting what 09 reveals). Third, this is not statistically correlated yet to RTI implementation, so there might be some other unexplained factor that is accounting for the drop. For instance maybe the economy is playing a role, maybe we did just finally hit a saturation point - there may be lots of non-RTI explanations.

    But, my hunch is RTI. I can't speak to other states because I have been in Kentucky the last few years, but Kentucky has been very serious about RTI implementation and most schools across the Commonwealth are firmly on board from what I have seen. RTI has accounted for drops before in district numbers, but at least for me this is the first statewide drop I have seen. I checked a couple other states and there are some mixed data. Oregon and Illinois are still going up. Kansas seems to have leveled off. Maine has seen a decrease, as has Texas. Part of this, though, may be a function of when the latest data is available.

    Anyway, someone needs to get out there and look at all the state's data and compare that to RTI implementation. These numbers will eventually aggregate into national numbers and we'll have a little better national picture, but what we really need to be able to statistically verify is whether and how much effect RTI is having on special education enrollments at the local, state and national levels. On top of that, we really need a TON of data on those students that are being directed away from special education because of RTI. Are they achieving? What is the recurrence rate? And, a ton more questions. And, we need all this by the next round of IDEA reauthorization.

    Monday
    15Jun

    Paying for the National Standards with Federal Dollars

    Recent developments around the formation of national standards have been really interesting. They got even more so today as Secretary Duncan has announced that the federal government will spend $350 million developing tests off whatever standards are eventually developed by the collection of 46 states.

    Scott has written eloquently about this movement here and I agree with all of his points, even though my instinct is more toward state control (I don't think I trust the federal government). Anyway, one of the questions he raised in that post was concerning enforcement and specifically concerning the millions (or billions) needed to develop new tests to actually make these standards mean something.

    Well, here is a 350 million dollar down payment and the DOE clearly sees its role as bankrolling this whole enterprise.

    Asked to explain the money's focus on developing more tests, Duncan said developing the standards themselves would be relatively inexpensive.

    Developing assessments, by contrast, is a "very heavy lift financially," he said, expressing concern that the project could stall without federal backing.

    "Having real high standards is important, but behind that, I think in this country we have too many bad tests," Duncan said. "If we're going to have world-class international standards, we need to have world-class evaluations behind them."

    So, we have national standards developed by states and paid for, and enforced, by the federal government. This is getting messy already and we don't even have a single standard developed yet. 

    This is a constitutional end-run if I have ever seen one.

    So, the federal government is going to pony up the money but not contribute at all to the formation of the standards? When was the last time the federal government was that gratuitous? They are not, that's the answer. There are standards and then there are tests. Ask any teacher, any single one, whether for the sake of curriculum development the standard or the test is the most important aspect. What gets tested, gets taught. If the federal government dictates the test ... the federal government dictates curriculum - and federalism as we know it in education is over.   

    Saturday
    13Jun

    NCLB: "A Hostage of Fortune"

    I get asked all the time about NCLB reauthorization and we talked about it in class this week (it's a law, I'm a law guy, I guess I am supposed to know that). I'm no expert for sure, but my standard response is 2010 at the soonest. I don't see any serious signs from the administration and although George Miller keeps saying it will be done this year, there is really no reason to believe that. So, since I am not an expert, I thought I would post this from a couple of, well, near-experts who have some insightful analysis of when we can expect reauthorization (ok, I will go ahead and ruin it ... 2010 right before mid-terms). But, its good analysis from real experts (i.e. not just my hunches), so enjoy.

     

    Thursday
    11Jun

    Harrison Williams' Bill

    Our own little Charlie Wilson ... sort of. Harrison (Pete) Williams was a Senator from New Jersey. He is important to us because he was the Senator that proposed the core provisions of EAHCA, what is today IDEA, based off the PARC and Mills cases which granted equal educational access to children with disabilities. 

    A few years later, just as his law was starting to positively affect the lives of millions of disabled students, he was caught taking bribes in an FBI sting operation called ABSCAM (the same sting operation John Murtha was involved in). He agreed to take stock in a titanium mining business in return for giving the business special treatment by the government. He was convicted and served several years in jail.   

    I guess you take your heroes where you can find them. 
    Wednesday
    10Jun

    Crazy, Alright. 

    I hate columns like this. Hate them. 

    When the top of your blog says "Business" ... maybe you should stick to writing about business. We got a name for this nonsense, it's called telling tales out of school. Pity, I really like The Atlantic otherwise, but if you got a "food" correspondent maybe you should have an education correspondent too. 

    Wednesday
    10Jun

    Digital Efficiency

    That's what Governor Schwarzenegger wants.

    It's nonsensical — and expensive — to look to traditional hard-bound books when information today is so readily available in electronic form. Especially now, when our school districts are strapped for cash and our state budget deficit is forcing further cuts to classrooms, we must do everything we can to untie educators' hands and free up dollars so that schools can do more with fewer resources.

    We're seeing an interesting shift here where the digital is now seen as more efficient than the textbooks. That's a key shift in perception because conservatives now have an argument from which they can support such broad digital transitions, as we see the Governor doing in this article. You look at the healthcare debate for instance, where digital records are guaranteed to be a big part of this package. Because it is being sold as an efficiency in the healthcare system, no conservatives are voicing strong opposition to it and many support that aspect of reform. We could well see the same thing in education where digital becomes equated with efficiency. 

    For a long time digital advocates have been trying to sell the digital transition on the basis of global competition, job readiness, student receptivity, and a bunch of other very good arguments - which you can see summed up in great videos like the one Scott McLeod helped produce. But efficiency ... well, that argument sells itself. I don't need a great video to sell someone if the digital is seen as the cheaper option - what I need is an economist to total the savings and testify in front of the subcommittees and we can get whatever digital transition we want.