Tag Archives: politics

Alert: important school case: University of Texas Southwestern Medical Center v. Nassar

26 Mar

School Board News is reporting in the article, School boards encourage Supreme Court to protect employers from unnecessary lawsuits:

The National School Boards Association (NSBA) has filed an amicus brief in an employment case asking the U.S. Supreme Court not to hamper school districts’ abilities to discipline or fire employees.

In University of Texas Southwestern Medical Center v. Nassar to be heard on April 24, 2013, the Supreme Court will determine whether an employee can win a discrimination lawsuit under Title VII of the Civil Rights Act if the employer had legitimate business reasons for taking the adverse action.

The case is particularly relevant to public schools, collectively the largest employer in the country. NSBA is asking the Supreme Court to rule that the employee must prove that the employer took adverse action solely out of retaliation for the employee’s prior complaint of discrimination, not because of other legitimate reasons, a standard known as the “but for” test. Under the lower court ruling in the case, an employer must prove that they would have taken the action regardless of any desire to punish the employee for making charges of discrimination. The case centers on an employee of the University of Texas medical school who alleged that the chair of his department blocked his attempt to get a job at a hospital in retaliation for a claim of discrimination the employee had lodged against a supervisor.

“It is important that schools have the ability to discipline or terminate staff for legitimate reasons without fear of costly lawsuits that shift funds away from the classroom,” said NSBA Executive Director Thomas J. Gentzel.

“The High Court should not permit anti-discrimination laws to be used as a shield by substandard employees seeking to invalidate legitimate employer action for poor performance,” said NSBA General Counsel Francisco M. Negrón, Jr. “This standard would result in many more lawsuits…. 

http://schoolboardnews.nsba.org/2013/03/nsbasupreme-court-to-protect-employers-from-unnecessary-lawsuits-in-university-of-texas-southwestern-medical-center-v-nassar/

Here is the brief on the case from Oyez Project:

UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER v. NASSAR

Term:

Location: University of Texas Southwestern Medical Center

Facts of the Case 

Dr. Naiel Nassar, who is of Middle Eastern descent, was hired by the University of Texas Southwestern Medical Center (UTSW) in 1995 to work at the Amelia Court Clinic (Clinic), which specializes in HIV/AIDS treatment. After three years there, he left to pursue additional training and returned in 2001 as an Assistant Professor of Internal Medicine and Infectious Diseases and Associate Medical Director of the Clinic. His immediate supervisor at the Clinic was Dr. Philip Keiser, whose supervisor at UTSW was Dr. Beth Levine. After being hired in 2004, Levine immediately began inquiring into Nassar’s productivity and billing practices. In 2005, after interviewing a candidate who was of Middle Eastern descent, Levine stated in Nassar’s presence, “Middle Easterners are lazy.” In 2006, after hiring the candidate, Levine made a similar statement in Keiser’s presence. Keiser informed Nassar of these comments as well as the fact that Levine scrutinized Nassar’s productivity more than any other doctor. Around this time, Nassar applied for a promotion that Levine actively undermined. In 2006, Nassar resigned from the UTSW faculty and cited Levine’s harassment and the creation of an unhealthy work environment in his resignation letter. Nassar resigned with the understanding that he would be offered a position at the Amelia Court Clinic unaffiliated with the UTSW, but the Clinic was forced to withdraw its offer after heavy opposition from the UTSW faculty, who have an agreement with the Clinic regarding positions to be filled by faculty doctors.

In 2008, Nassar sued UTSW under Title VII of the Civil Rights Act of 1964 and argued that UTSW had constructively discharged and retaliated against him. The jury found in favor of Nassar and awarded him back pay and compensatory damages. The U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part, holding that there was sufficient evidence to support the retaliation claim but insufficient evidence to support the claim of constructive discharge.

Question 

Does the retaliation provision of Title VII of the Civil Rights Act of 1964 require a plaintiff to prove that an employer would not have taken an action but for the existence of an improper motive, or does the provision require only proof that the employer had mixed motives for taking an action?

 

Case Basics

Docket No. 

12-484

Petitioner 

University of Texas Southwestern Medical Center

Respondent 

Naiel Nassar

Granted 

Friday, January 18, 2013

Argued 

Wednesday, April 24, 2013

 

Cite this Page

UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER v. NASSAR. The Oyez Project at IIT Chicago-Kent College of Law. 25 March 2013. <http://www.oyez.org/cases/2010-2019/2012/2012_12_484>.

More on this case later.

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Case study: Expanded learning time worked in one California school

25 Mar

Nora Fleming reports in the Education Week article, Expanded Learning Time Linked to Higher Test Scores:

Improved student performance was just one of the gains found after Tumbleweed Elementary School implemented an expanded learning time model, according to a new case study from the National Center of Time & Learning. The new brief is the second in a series released by the center that looks at schools that have recently added more time to the school day or year and seen early, positive gains.

Tumbleweed Elementary, a school in the Palmdale district north of Los Angeles, had been chronically underperforming since the 1990s and had not made Adequate Yearly Progress markers (mandated by No Child Left Behind) since the law was adopted in 2001, according to the brief. To improve the school, the district applied for (and won) a three-year, $6 million federal School Improvement Grant (SIG) in 2009, and crafted a turnaround strategy that focused on how added time could improve student outcomes and school climate.

The challenges were significant, says brief authors, especially given that the school was diverse, overcrowded, (with average class sizes hovering around 30 students), and had high rates of poverty (94 percent of students qualify for free and reduced price lunch).

To implement the new model, 41 new teachers were placed at the school, along with a new principal. The school added an hour to the day to be used for more math instruction, professional development time for teachers, and academic supports for students who were falling behind in particular subjects.

After the first year of implementation in 2010-2011, the school saw a 14 point gain in student English language arts scores and a 23 point gain in math on the California state standardized tests, and met Adequate Yearly Progress markers (NCLB) for the first time. There were small performance gains the following year as well, and overall, student behavior was said to significantly improve when new behavior and academic expectations were set.

However, the brief makes clear that the added time was not the sole reform that has supported improved school performance during this time period. The school also focused on improving the use of data to track students and measure their progress, creating student incentives to improve behavior and school climate, and placing an emphasis on the need for teacher collaboration.   http://blogs.edweek.org/edweek/beyond_schools/2013/03/post_2.html

Fleming also reported on expanded learning’s limitations

In the Education Week article, Expanded Learning Time Not Always a Cure-All, Report Says, Fleming reported about the Educator Sector’s analysis of expanded learning time:

Interest has increased in adding more time to the school day, but many schools are ill equipped to put time to the most effective use for improving student and school outcomes, says a new report from Education Sector, a Washington-based think tank focused on education policy.

In the report, Education Sector looks at nationwide trends with schools implementing expanded learning models, in addition to focusing on schools that used ELT as a turnaround strategy to receive federal School Improvement Grants.

According to “What More Learning Time Can (and Can’t) Do for Turnarounds,” a few approaches to expand learning have been used nationwide: adding time to the formal school schedule, expanding learning outside the regular school schedule, and changing the way time is used doing the school day. Examples of some of the innovative ELT models that have been effective in improving outcomes, such as the TASC model in New York, the Citizen Schools model in Boston, and the Providence After School Alliance model in Providence, are also profiled in the report.

While adding time to the formal school schedule has gained more appeal, particularly for policymakers as a solution for improving schools, more schools are actually still expanding learning through after-school, summer, and other efforts not tied to the traditional classroom day.

But not all ELT efforts nationally compare with those mentioned above, says report author Elena Silva, who I spoke with for a story on ELT this past fall.

For expanded time to be most effective, she writes, schools should not focus on the time itself but on connecting added time to other reforms. More schools, especially those serving the neediest students, are looking to ELT as a quick fix for improvement, but do not put enough effort into the “comprehensive reform” of their schools that ELT must be a part of to be effective. This is often due to lack of know-how or lack of supports, staffing, funding, and so forth, the article says, but as more schools look to add time, they should err on the side of caution, particularly as federal policymakers push ELT as a solution to improving underperforming schools.    http://blogs.edweek.org/edweek/beyond_schools/2012/04/interest_has_increased_in_adding.html

Here is the Education Sector summary: 

Off the Clock: What More Time Can (and Can’t) Do for School Turnarounds

Reports & Briefs |

Elena Silva

| March 29, 2012

Related Issue(s): Accountability and School Improvement, K-12 Education, Expanded Learning and School Time

If less time in the classroom is a cause of poor student performance, can adding more time be the cure? This strategy underlies a major effort to fix the nation’s worst public schools. Billions of federal stimulus dollars are being spent to expand learning time on behalf of disadvantaged children. And extended learning time (ELT) is being proposed as a core strategy for school turnaround.

But the hard truth is that there is far more research showing the ill effects of unequal time than research showing that ELT policies can make up the difference. What does the research really say about the impact of ELT on student learning, and how is it being implemented in our nation’s lowest-performing schools?

Off the Clock: What More Time Can (and Can’t) Do for School Turnarounds takes a look at the facts—and the myths—about school calendars and schedules. Extended learning time is one of the key elements of the federal government’s SIG program. More than 90 percent of the schools in the program have selected one of two options—”turnaround” and “transformation”—that mandate more time.

Education Sector reviewed data on how these schools are actually using “increased learning time” mandated by the federal government. The variations are wide—from adding minutes to the school day to providing after-school programs to shortening recess and lunch. Some approaches show clear potential, while others face considerable limits to implementation.

“New designs for extended time should be a part of the nation’s school improvement plans,” Silva concludes. “But policymakers and school leaders must recognize that successful schools use time not just to extend hours and days but to creatively improve how and by whom instruction is delivered. In the end, the ELT movement is more likely to leave a legacy of school and student success if it becomes less about time and more about quality teaching and learning.”

This report was funded by the Charles Stewart Mott Foundation. Education Sector thanks the foundation for its support. The views expressed in the paper are those of the author alone.

Download Full Report

See:

Expanded Learning Time in Action: Initiatives in High-Poverty and High-Minority Schools and Districts                                                                                                http://www.americanprogress.org/issues/education/report/2008/07/21/4734/expanded-learning-time-in-action/

In Good schools are relentless about basics: School day length, moi said:

Rosalind Rossi, education reporter for the Chicago Sun Times is reporting in the article, 2011 Illinois school report cards: Top schools have longer days.

The 10 highest-ranking suburban neighborhood elementary schools all have longer days for kids than the typical Chicago public school — but shorter ones than those advocated by Mayor Rahm Emanuel and city public school officials.

Chicago’s current typical 5-hour and 45-minute elementary school day — usually without a regular recess — looks paltry compared to a top-scoring 2011 suburban average of just under 6½ hours that includes daily recess, a Chicago Sun-Times analysis indicates.

However, Chicago’s proposed 7½-hour day would keep city elementary kids in school an hour more than their top-scoring suburban counterparts. Such a day is appealing even to some suburban parents.

http://www.suntimes.com/news/education/8452309-418/2011-illinois-school-report-cards-top-schools-have-longer-days.html

The Mid Continent Research for Education and Learning (McRel) has great information posted at its site about school day length.

According to McRel in the article, Extended School Days and School Years:

Does more time in school matter?

Several scholars have argued that simply extending school time in and of itself will not produce the desired results. Larry Cuban, a Stanford University professor of education, has argued for example that what matters most is not the quantity but the quality of time students and teachers spend together in the classroom (2008).

In our 2000 meta-analysis of the impact of school, teacher, and student-level variables on achievement, McREL concluded that student achievement can be strongly affected if schools optimize their use of instructional time.

In 1998 WestEd researchers Aronson et al. examined the research on time and learning and arrived at three conclusions:

  • There is little or no relationship between student achievement and the total number of days or hours students are required to attend school.
  • There is some relationship between achievement and engaged time, that subset of instructional time when students are participating in learning activities.
  • The strongest relationship exists between academic learning time and achievement.

However, in recent years some notable extended time initiatives have produced gains in test scores, graduation rates, and college attendance, including the Knowledge is Power Program (KIPP), which increases the amount of time students spend in school by nearly 60%, and Massachusetts 2020. Conversely, a $100 million effort in Miami to extend school days by one hour and add 10 days to the calendar produced no significant benefits.

http://www.mcrel.org/newsroom/hottopicExtendedTime.asp

The key seems to be longer time spent in instructional activities.                https://drwilda.wordpress.com/2011/10/31/good-schools-are-relentless-about-basics-school-day-length/

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Center for American Progress Report: Mayoral control of schools

24 Mar

As more and more question the effectiveness of the current school structure, some mayors have assumed control of their city schools. Frederick M. Hess writes in the American Enterprise Institute article, Assessing the Case for Mayoral Control of Urban Schools:

Are elected school boards equal to the challenges of twenty-first-century urban school governance? Eli Broad, founder of the Broad Prize for Urban Education, believes in “mayoral control of school boards or . . . no school board at all.”[1] Chester E. Finn Jr., president of the Thomas B. Fordham Institute, has called school boards “an aberration, an anachronism, an educational sinkhole,” urging, “put this dysfunctional arrangement out of its misery.”[2]

Aberration or not, the nation’s nearly fifteen thousand school boards are still charged with providing the leadership, policy direction, and oversight to drive school improvement. Nationally, 96 percent of districts have elected boards, including more than two-thirds of the twenty-five largest districts.[3] After decades of largely ineffectual reform, however, it is far from clear that school boards are equal to the challenge. The most popular alternative is replacing today’s boards with some form of mayoral control. Cities with a variation of this arrangement today include Baltimore, Boston, Chicago, New York, Philadelphia, and Washington, D.C. The take-no-prisoners leadership styles of school chancellors in New York City and Washington, D.C., have drawn particular interest.

Where It All Began

The irony is that today’s school boards took their contemporary shape about a century ago, when Progressive Era reformers launched a concerted effort to expunge “politics” from schooling in the name of efficiency, equity, and accountability. As James Cibulka, president of the National Council for Accreditation of Teacher Education, has noted, K–12 governance was “designed by political Progressives early in the twentieth century to give professional educators authority and insulate them from political abuses.”[4] Consequently, even strong mayors had little influence over the local schools.

Early nineteenth-century school boards had been local and informal, justified by the presumption that they kept schools connected to their neighborhoods. By the dawn of the twentieth century, however, Progressives–in language that sounds more than a little familiar–thought it necessary to “clean out” boards plagued by patronage and politics. In 1885, Boston reformer John Philbrick asserted that “unscrupulous politicians” had seized “every opportunity to sacrifice the interests of the schools to the purposes of the political machine.”[5]

As the twentieth century dawned, Progressives worked to streamline boards and render them more professional and accountable. University of Chicago political scientist William Howell explains: “The order of the day put rational control and expertise in the service of objectivity and efficiency; the result was the birth of the civil service, the exaltation of meritocracy and modernity, and the rise of Taylorism, the scientific management of industries and businesses.”[6] Seeking to insulate board politics from rough-and-tumble state and national elections, Progressives moved board elections “off-cycle” and made them nonpartisan.

Efforts to separate education from politics gave rise to concerns that school systems were not apolitical but rather consumed by undisciplined, petty, and ineffectual politics. Assessing Progressive Era reforms more than thirty years ago, historian Charles Beard observed, “Cities change from one [approach] to the other in the hope–usually vain–of taking the school affairs out of the spoils system.”[7]

Today, reformers worry that excising politics from school governance has also removed coherence and accountability. One popular solution: put the politics back in education by handing control of the schools to the mayor or empowering mayors to appoint local school boards. This is primarily debated in the nation’s large, urban school systems–those cities where educational challenges are more daunting, politics are especially complex, and the need for coherence is particularly pressing. Is it a promising idea? What does the research suggest?                                       http://www.aei.org/article/education/assessing-the-case-for-mayoral-control-of-urban-schools/

The Center for American Progress has completed the report, Mayoral Governance and Student Achievement: How Mayor-Led Districts Are Improving School and Student Performance by Kenneth K. Wong and Francis X. Shen

Here is a summary of the Center for American Progress Report about mayoral control:

Top 5 Things to Know About Mayoral Control of Schools

By Juliana Herman | March 22, 2013

In many cities across America, it’s not just schools that are failing—it’s the entire school district as well. Huge numbers—if not the majority—of students throughout these districts are not reading at grade level and lack basic math skills.

This is a problem greater than any one school. In response, some cities have shaken up the way their school districts are run, giving greater control to their mayors and implementing what is called “mayoral control” of schools. School districts are traditionally controlled by a locally elected school board, which makes decisions about how schools are run, including hiring and firing the school superintendent. Mayoral control, however, is a shift in the power structure wherein mayors are given a greater degree of authority over schools. Often, though not always, mayors are given the power to appoint members who will replace some or all members of the elected school board.

The move to mayoral control is one element in the larger discussion about who should run our schools, but it is also a significant and potentially impactful alternative to the traditional structure—and it comes at a time when schools and students are desperate for alternatives.

The Center for American Progress recently released a new report analyzing the impact of mayoral control. The report, titled “Mayoral Governance and Student Achievement: How Mayor-led Districts Are Improving School and Student Performance” by Kenneth K. Wong and Francis X. Shen, looks at the impact of mayoral control on resource management and student achievement in 11 different school districts across the country.

Based on CAP’s new report, here are the top five things to know about mayoral control of schools:

It’s been done all across the country in cities of all sizes

Some variation of mayoral control has been implemented in a geographically diverse range of urban cities, from New York City to Indianapolis to Los Angeles and many places in between. These cities have different student populations, structures, and histories, but empowering the mayor to make at least some of the decisions about schools has been tried in all of them….

Mayoral control comes in many shapes and sizes

Despite what the name might imply, there is no “one and only” type of mayoral control. Different cities have taken different approaches, and new formats are still being invented. There is a lot of room for variation depending on local priorities, decisions, cultures, and any number of other factors. The term “mayoral control” simply signifies that the mayor has more power now than he or she did before. What that means in practice is up to the city or state in question.

There are, however, a few common forms or degrees of control. Some cities have given their mayor the power to appoint the entire school board and the CEO, or superintendent, of the school district. Examples of where this has happened include Washington, D.C., and Chicago. In New York City the mayor appoints the CEO and the majority—though not the entirety—of the board. Together, these three cities have “very high” degrees of mayoral control. Cities that empower the mayor to appoint at least the majority of the school board, but give the boards the authority to appoint the CEOs, fall into the high degree of control classification. This category—also the most common—includes Boston, Massachusetts; Cleveland, Ohio; Hartford, Connecticut; New Haven, Connecticut; Providence, Rhode Island; Trenton, New Jersey; and Yonkers, New York. Even within this category, there is variation: The mayors of Boston, Cleveland, and Providence must choose their board appointees from a list of nominees….

Mayor-led districts may use resources more strategically

There is evidence that districts operating under mayoral control may spend their money differently, more strategically, and with a greater focus on the classroom than districts governed by elected boards. For starters, mayoral-led districts have more resources per student overall than similar city districts, though the cause of this is hard to identify definitively. On average, districts under mayoral control also focus on teachers: A greater percentage of their total staff is teachers, producing lower student-to-teacher ratios. Relative to the largest city districts, mayor-led districts have less central office staff and administrators as a percent of their total staff. This prioritization on teaching and learning might be an important factor in contributing to higher student achievement…,

Mayor-controlled districts have seen increases in student achievement

Although other factors are important, the ultimate measure of any change in our education system is whether it improves student learning and achievement. In Boston, Chicago, New York City, Washington, D.C., and other cities, mayoral control is associated with just that. Students saw improvements—in some cases significant improvements—on both state assessments and on the National Assessment of Educational Progress, a test administered nationally to fourth and eighth graders. Looking at the National Assessment of Educational Progress scores, for example, the percentage of Bostonian fourth graders proficient in math went from 12 percent to 33 percent—an increase of 21 percentage points—under mayoral control. Similarly, the percentage of fourth graders in Washington, D.C. that were proficient in reading went from 10 percent to 20 percent—an increase of 10 percentage points—after the city moved to mayoral control….

It doesn’t work everywhere, but it can be a catalyst for reform

Mayoral control was less successful in cities such as Cleveland, Ohio, and Yonkers, New York. In Cleveland student achievement on the National Assessment of Educational Progress improved just slightly, if at all, and the gap between the average among large cities and the district’s achievement widened—not narrowed—for almost every grade, subject, and student population. This is exactly the opposite of closing the achievement gap. To be clear, it’s impossible to know why achievement stagnated in these cities, and certainly numerous factors other than mayoral control are involved. But it is important to recognize that mayoral control may not be the right solution for all districts….

Conclusion

Mayoral control of schools can be effective. Mayor-controlled districts have seen improved student achievement across all subjects and student groups. Moving to a mayor-led district can also help spur innovation and advancement. In cities with lagging student achievement, getting more engagement from mayors or increasing their authority over schools could be part of the solution. But voters and policymakers should be sure to design a variation of mayoral control that works for their city and consider the possibility that a different “shake up” strategy might be a better fit.

Juliana Herman is an Education Policy Analyst at the Center for American Progress. 

To speak with our experts on this topic, please contact:

Print: Katie Peters (economy, education, and health care)
202.741.6285 or kpeters1@americanprogress.org

Syracuse 2020 offers the concise pros and cons of mayoral school control:

MAYORAL CONTROL OF SCHOOLS

PROS

  • Promote gains in accountability and efficiency through increased testing and control of personnel operations
  • Clear goals and accountability resting with the mayor as opposed to boards with differing positions.
  • Better coordination with other agencies in terms of child welfare, safety, public health, recreation, job training, economic development and overall community development strategies
  • Ability to hire chief executive officers from outside of educational systems
  • Increased fiscal stability
  • More political participation because of broader voter participation in elections
  • Promotes the  idea of a progressive community
  • Potential for gaining political capital

CONS

  • Business approach does not recognize differences in public personnel and public service systems
  • Mayor’s power is diluted through necessary delegation of authority,
  • Schools are intense people centered organizations quite unlike treating sewage and collecting garbage.
  • Too reliant on idiosyncrasies of individual mayor
  • Better public oversight due to open board meetings
  • Results of mayoral control are unimpressive when matched to NAEP tests
  • Results of outside CEO’s uneven

http://www.syracuse2020.org/…/MAYORAL%20CONTROL%20OF%20SC

Moi wrote about school superintendents in Life expectancy of a superintendent: A lot of bullets and little glory:

Just about anyone in education has a tough job these days, from the building staff to the superintendent. There is pressure to perform in an environment of declining resources. Lately, the job of superintendent of large urban school districts has been characterized by turnover. Thomas E. Glass in The History of the Urban Superintendent writes:

The twenty-first century finds one-third of America’s public school children attending one of ten large urban (large-city) school districts. By 2020 approximately one-half of public school enrollment will be clustered in twenty districts. The educational stewardship of a majority of the nations youth rests uncomfortably on the shoulders of a very few large-city school superintendents. Their success and the success of their districts may very well determine the future of American democracy.

Urban districts are typically considered to be those located in the inner core of metropolitan areas having enrollments of more than 25,000 students. The research and literature about large-city school districts portray conditions of poverty, chronic academic underachievement, dropouts, crime, unstable school boards, reform policy churn, and high superintendent turnover.

The typical tenure of a superintendent in the largest large-city districts is two to three years. This brief tenure makes it unlikely a superintendent can develop and implement reform programs that can result in higher academic achievement–let alone re-build crumbling schools buildings, secure private sector assistance, and build a working relationship with the city’s political structure.

The large-city superintendency is a position defined by high expectations, intense stress, inadequate resources, and often a highly unstable politicized board of education.
Read more: Superintendent of Large-City School Systems – History of the Urban Superintendent, The Profession, School Boards,

Characteristics of the Large-City Superintendent http://education.stateuniversity.com/pages/2470/Superintendent-Large-City-School-Systems.html#ixzz0p6HySmU0

See, District Administration’s article, Superintendent Staying Power http://www.districtadministration.com/article/superintendent-staying-power

There is no one-size-fits all in education, there should be a variety of options.

See:

Ravitch: Mayoral control means zero accountability                                        http://voices.washingtonpost.com/answer-sheet/education-secretary-duncan/ravitch-mayoral-control-means.html

Resist Mayoral Control                                                                                                     http://communityeducationtaskforce.rocus.org/?page_id=2

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Important case about copyright: Kirtsaeng v. John Wiley & Sons

23 Mar

Jennifer Howard reports in the Chronicle of Higher Education article, In Win for Libraries Over Publishers, Supreme Court Upholds Reselling of Foreign Books:

If you’re the legal owner of a copy of a book or other work copyrighted under U.S. law, the Supreme Court says you have the right to resell or give it away, even if it was made overseas.  http://chronicle.com/article/In-Win-for-Libraries-Over/137999/?cid=at&utm_source=at&utm_medium=en

The Scotus Blog has a brief of the case:

Kirtsaeng v. John Wiley & Sons, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
11-697 2d Cir. Oct 29, 2012
Tr.Aud.
Mar 19, 2013 6-3 Breyer OT 2012

Holding: The “first sale” doctrine, which allows the owner of a copyrighted work to sell or otherwise dispose of that copy as he wishes, applies to copies of a copyrighted work lawfully made abroad.

Judgment: Reversed and remaned, 6-3, in an opinion by Justice Breyer on March 19, 2013. Justice Kagan filed a concurring opinion in which Justice Alito joined. Justice Ginsburg filed a dissenting opinion in which Justice Kennedy joined, and in which Justice Scalia joined except as to Parts III and V–B–1.

SCOTUSblog Coverage

http://www.scotusblog.com/case-files/cases/kirtsaeng-v-john-wiley-sons-inc/

Here is the defense of the Association of American Publishers, Understanding Kirtsaeng v. Wiley   http://www.publishers.org/kirtsaeng-faq/

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A comment about the American Academy of Pediatrics statement on gay marriage: Is it time to get government out of marriage

21 Mar

Here’s today’s COMMENT FROM AN OLD FART: The American Academy of Pediatrics issued a statement regarding their position on civil marriage:

American Academy of Pediatrics Supports Same Gender Civil Marriage

3/21/2013

For Release:  March 21, 2013

Article Body

The American Academy of Pediatrics (AAP) supports civil marriage for same-gender couples – as well as full adoption and foster care rights for all parents, regardless of sexual orientation – as the best way to guarantee benefits and security for their children.

The AAP policy statement, “Promoting the Well-Being of Children Whose Parents Are Gay or Lesbian,” and an accompanying technical report will be published in the April 2013 Pediatrics (published online March 21).

“Children thrive in families that are stable and that provide permanent security, and the way we do that is through marriage,” said Benjamin Siegel, MD, FAAP, chair of the AAP Committee on Psychosocial Aspects of Child and Family Health, and a co-author of the policy statement. “The AAP believes there should be equal opportunity for every couple to access the economic stability and federal supports provided to married couples to raise children.”

In a previous policy statement published in 2002 and reaffirmed in 2010, the AAP supported second-parent adoption by partners of the same sex as a way to protect children’s right to maintain relationships with both parents, eligibility for health benefits and financial security. The 2013 policy statement and accompanying technical report adds recommendations in support of civil marriage for same-gender couples; adoption by single parents, co-parents or second parents regardless of sexual orientation; and foster care placement regardless of sexual orientation.

“The AAP has long been an advocate for all children, and this updated policy reflects a natural progression in the Academy’s support for families,” said Ellen Perrin, MD, FAAP, co-author of the policy statement. “If a child has two loving and capable parents who choose to create a permanent bond, it’s in the best interest of their children that legal institutions allow them to do so.”

A great deal of scientific research documents there is no cause-and-effect relationship between parents’ sexual orientation and children’s well-being, according to the AAP policy. In fact, many studies attest to the normal development of children of same-gender couples when the child is wanted, the parents have a commitment to shared parenting, and the parents have strong social and economic support. Critical factors that affect the normal development and mental health of children are parental stress, economic and social stability, community resources, discrimination, and children’s exposure to toxic stressors at home or in their communities — not the sexual orientation of their parents.

According to the policy statement, the AAP “supports pediatricians advocating for public policies that help all children and their parents, regardless of sexual orientation, build and maintain strong, stable, and healthy families that are able to meet the needs of their children.” 

# # #

The American Academy of Pediatrics is an organization of 60,000 primary care pediatricians, pediatric medical subspecialists and pediatric surgical specialists dedicated to the health, safety and well-being of infants, children, adolescents and young adults. For more information, visit www.aap.org.

This causes moi to ask whether it is time for government to get out of the business of marriage and only sanction civil unions for everyone. The government would define a valid civil union and the contractual benefits which flow from that union would be defined by government. Marriage would be defined by various religious institutions and they are free to marry whom they choose. Marriage would then be a two-step process of civil union and whatever ‘blessing’ ceremony the community of faith allowed.

This country is headed for another confrontation over the meaning of religious freedom and the guarantees of the FIRST AMENDMENT. Whether one agrees or not, some religious groups have a theological basis for defining marriage as an institution between one man and one woman. They are not going to change. So, the question is whether society wants to be tolerant and pragmatic or to punish those who are not politically correct. Moi has a Hallelujah moment for some in the gay community and their supporters – tolerance is different from acceptance. If the goal is to get everyone to accept a definition of marriage other than one man and one woman, you will fail. If the tactic is to demonize religious folk, call them bigots, prevent certain denominations from offering adoption services and foster care as well as go after church tax exemption, this can be done at great cost to the culture and society. Isn’t it time for a pragmatic approach?

Too often we forget that the principal purpose of the metaphorical wall of separation between church and state was always to prevent governmental interference with a religion’s decisions about what its own theology requires. . . . To be consistent with the Founders’ vision and coherent in modern religiously pluralistic America, the religion clauses [in the United States Constitution] should be read to help avoid tyranny — that is, to sustain and nurture the religions as independent centers of power. . . . To do that, the clauses must be interpreted to do more than protect the religions against explicit discrimination.

Stephen Carter

The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion

Moi discussed the secularist view in The great cultural divide: Many of us will never be secularists:

There are many folks who simply just don’t get that there are many people of faith. This faith group is of a variety of religions and a variety of theologies. Some “liberal” strands of faith have no theology or interpret their theology in line with contemporary social thought. They see religion as part of a wider social movement. For this group, there are no fixed theological positions because the emphasis of their faith is “social justice” however that is defined. Many in this secularist religion group simply do not understand that many of faith have a fixed theological perspective on religion. They feel that theology does not change because the cultural context has changed. In this group there are eternal positions because they are very cognizant of an eternal life. Moi thought the many attempts to persuade her by providing lists of people who support a particular position were laughable. People who made the lists or who thought because this prominent person or that prominent person supported a position would make moi and many others jump on board were clueless. What they did not realize is that moi and others, to paraphrase the old Righteous Brothers song “believe in forever.” It doesn’t matter how many people, whether they are prominent or not believe something, that doesn’t change the theological perspective. Many of these proponents do not believe in the Bible, that it is a stupid little book that only morons follow. Moi suggests that these secularists spend some time digesting the book of Daniel. People of a non-secularist faith are not morons and really don’t want to be treated as such. So, the question is how do various groups operate in the society were all have to live.  http://drwildaoldfart.wordpress.com/2012/10/28/the-great-cultural-divide-many-of-us-will-never-be-secularists/

As the character, Margo Channing said in All About Eve: Fasten your seatbelts, it’s going to be a bumpy night! .

There should civil unions for society which establish the contractual relationships and government benefits of a union. Marriage should be defined by theological entities.

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Ability Grouping or tracking may be making a comeback

20 Mar

A study by Courtney A. Collins and Li Gan, Does Sorting Students Improve Scores? An Analysis of Class Composition is focusing attention on ability grouping or tracking. The NEA Research Spotlight on Academic Ability Group defines ability grouping:

Ability grouping, also known as tracking, is the practice of grouping children together according to their talents in the classroom. At the elementary school level, the divisions sound harmless enough – kids are divided into the Bluebirds and Redbirds. But in secondary schools, the stratification becomes more obvious as students assume their places in the tracking system. In many instances, these students are given labels that stay with them as they move from grade to grade. For those on the lower tracks, a steady diet of lower expectations leads to a low level of motivation toward school. Consequently, in high school, the groups formerly known as the Bluebirds and Redbirds have evolved into tracks: College Preparatory and Vocational.

The educational practice of ability grouping emerged around the turn of the 20th century as a way to prepare students for their “appropriate” place in the workforce (Cooper, 1996). Students with high abilities and skills were given intense, rigorous academic training while students with lower abilities were given a vocational education.

The two most common forms of ability grouping are:

  • Within-class grouping – a teacher’s practice of putting students of similar ability into small groups usually for reading or math instruction
  • Between-class grouping –  a school’s practice of separating students into different classes, courses, or course sequences (curricular tracks) based on their academic achievement

Proponents of ability grouping say that the practice allows teachers to tailor the pace and content of instruction much better to students’ needs and, thus, improve student achievement. For example, teachers can provide needed repetition and reinforcement for low-achieving students and an advanced level of instruction to high achievers.

Opponents, however, contend that ability grouping not only fails to benefit any student, but it also channels poor and minority students to low tracks where they receive a lower quality of instruction than other groups. This, they claim, contributes to a widening of the achievement gaps. The National Education Association supports the elimination of such groupings. NEA believes that the use of discriminatory academic tracking based on economic status, ethnicity, race, or gender must be eliminated in all public school settings (NEA Resolutions B-16, 1998, 2005) http://www.nea.org/tools/16899.htm

Collins and Li studied data from the Dallas Independent School District.

Jay Mathews writes in the Washington Post article, Ability grouping is back despite scholarly qualms:

Except that it did, as Brookings Institution education expert Tom Loveless reveals in a new report. The canaries, redbirds and other ability-group fauna took a huge hit from scholars studying inequity in American schools in the 1970s and 1980s. Teachers moved away from ability grouping.

Now, without much notice, they have moved back. Depending on your point of view, the No Child Left Behind law deserves credit or blame for the return of my bluebirds and lesser fowl.

Loveless, senior fellow at Brookings’s Brown Center on Education Policy, examines this turnabout in his new report, “How Well Are American Students Learning?” He is a former teacher with an eye for newsworthy developments in education reform.

One of the earliest and sharpest attacks on ability grouping was Ray C. Rist’s 1970 paper, “Student Social Class and Teacher Expectations: The Self-Fulfilling Prophecy in Ghetto Education.” Loveless says Rist “followed a group of kindergarten students through the first few years of school and noted how the composition of the reading groups rarely changed, consistently reflecting students’ socioeconomic status.” Rist said teachers developed higher expectations for the more affluent kids in the top groups.

Other scholars assaulted tracking, the practice of putting classes at different levels in the same grade, rather than the ability-grouping approach of different levels in the same class. Jeannie Oakes’s 1985 book “Keeping Track” argues that tracking was an attack on social justice, making inequality worse.

Loveless’s research shows that the anti-tracking movement had some effect, although middle schools and high schools still have one set of courses for college-oriented students and a less demanding set in the same subjects for those not so academically inclined.

The biggest triumph of the anti-trackers, particularly evident in this area, has been the opening of college-level classes like Advanced Placement, International Baccalaureate and the Advanced International Certificate of Education to all students who want to take them.

Ability grouping declined more sharply than tracking did in the face of the scholarly assault. A 1986 Johns Hopkins survey found bluebird/redbird/canary/etc. groupings in at least 80 percent of elementary schools. By the mid-1990s, such grouping had dropped to as low as 27 percent, according to another study.

Then it rebounded. A 2006 survey found that ability grouping was back to 63 percent of teachers. The jump was even more pronounced in fourth-grade reports from the federal National Assessment of Educational Progress, from 28 percent of students in ability groups in 1998 to 71 percent in 2009. The jump in math ability groups was from 40 percent of students in 1996 to 61 percent in 2011.

Washington area school officials tell me tracking and ability grouping is permitted as long as students are not stuck at one level and are helped to improve.

Studies show teachers prefer ability grouping to teaching all students, fast and slow, at the same time. Ability grouping also helps them focus on those children closest to reaching the proficiency targets under No Child Left Behind. This retread from my youth is back, and likely to stay, no matter what researchers and my mom think of it. http://www.washingtonpost.com/blogs/class-struggle/post/ability-grouping-is-back-despite-scholarly-qualms/2013/03/17/5dc15a1c-8df8-11e2-9f54-f3fdd70acad2_blog.html

Citation:

Does Sorting Students Improve Scores? An Analysis of Class Composition

Courtney A. Collins, Li Gan

NBER Working Paper No. 18848
Issued in February 2013
NBER Program(s):   ED

This paper examines schools’ decisions to sort students into different classes and how those sorting processes impact student achievement. There are two potential effects that result from schools creating homogeneous classes—a “tracking effect,” which allows teachers to direct their focus to a more narrow range of students, and a peer effect, which causes a particular student’s achievement to be influenced by the quality of peers in his classroom. In schools with homogeneous sorting, both the tracking effect and the peer effect should benefit high performing students. However, the effects would work in opposite directions for a low achieving student; he would benefit from the tracking effect, but the peer effect should decrease his score. This paper seeks to determine the net effect for low performing students in order to understand the full implications of sorting on all students.

We use a unique student-level data set from Dallas Independent School District that links students to their actual classes and reveals the entire distribution of students within a classroom. We find significant variation in sorting practices across schools and use this variation to identify the effect of sorting on student achievement. Implementing a unique instrumental variables approach, we find that sorting homogeneously by previous performance significantly improves students’ math and reading scores. This effect is present for students across the score distribution, suggesting that the net effect of sorting is beneficial for both high and low performing students. We also explore the effects of sorting along other dimensions, such as gifted and talented status, special education status, and limited English proficiency.

You may purchase this paper on-line in .pdf format from SSRN.com ($5) for electronic delivery.

There are pros and cons of ability grouping.

Margie of Bright Hub Education lists the pros and cons of ability grouping in the article, The Pros and Cons of Ability Grouping:

Positive Aspects of Ability Grouping

Students Are Not Forced To Wait Or Rush

When you place students of the same ability together, they usually are able to work at about the same pace. This means the students that understand the concept you are teaching can move on to a more advanced stage and the ones that need extra guidance can slow down and get extra help. No one is waiting on someone else to grasp a concept (that they already understand) and no one is being forced to move on before they are ready.

Teacher Can Work More Intensely With Those That Need Help

When you divide your class into ability groups, you will have groups that completely understand the topic and are ready to move on to something new. You will have groups that understand most of the concept but need some extra practice, and you will have groups that need extra instruction and guidance before they can progress. Since they are seated and working together, you can take this opportunity to sit with the ones that need extra instruction and provide it for them. The other students have their assignments, so they are busy working on material that has been tailored to fit their needs, so this frees you up to spend some time with those who need it.

Students Are Allowed to “Fly” On Their Own

The students that clearly understand a concept have time to move forward and progress at a faster pace and possibly move on to a more complex topic. This can build self-esteem and alleviate boredom in the classroom.

Negative Aspects of Ability Grouping

Students May Get “Stuck” In a Group

It is important to remember that no student is perfect at everything and no student is bad at everything. Sometimes, when we ability group it is easy to label students and place them in the same low, middle, or high group time after time. This can lead to labeling, (the “nerdy group” or the “dumb group”) something teachers want to avoid at all costs. Afterall, a huge part of our job is to make our students feel confident and secure.

It is easy to avoid this by using a data notebook to track students’ progress. This way you do not unintentionally place students in the same groups time after time. If you follow the data, students will actually be placed according to their ability.

If you do notice that students are consistently being placed in the same group, you might want to shake things up and step away from ability grouping for awhile, or try some heterogeneous grouping. School is hard enough for our students, we certainly don’t want to give anyone a reason to bully or tease a classmate.

Additional Work For The Teacher

Ability grouping can add additional work for the teacher… and teachers are certainly busy enough. Ability grouping is not something that has to be done every day, or even every week if you are having a particularly busy week. Figure out the concepts where you seem to have the most differing abilities and use ability grouping only in those areas. Ability grouping can be very beneficial, but only if it is done thoughtfully and with a plan in mind. If you are simply too busy to undertake it one week, put it off until the next.

Ability grouping can be looked at as simply another tool in your toolbox. Pull it out when you need it and when it will work for both you and your students. http://www.brighthubeducation.com/classroom-management/19620-pros-and-cons-of-ability-grouping/

Moi shares the concerns of the NEA that poor students and students of color may be channeled into lower aspirational tracks.

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Mayo Clinic study: You can’t shield children from all risks

17 Mar

Moi wrote in No one is perfect: People sometimes fail:

There are no perfect people, no one has a perfect life and everyone makes mistakes. Unfortunately, children do not come with instruction manuals, which give specific instructions about how to relate to that particular child. Further, for many situations there is no one and only way to resolve a problem. What people can do is learn from their mistakes and the mistakes of others. Craig Playstead has assembled a top ten list of mistakes made by parents and they should be used as a starting point in thinking about your parenting style and your family’s dynamic.

1)            Spoiling kids 

2)            Inadequate discipline

3)            Failing to get involved at school

4)            Praising mediocrity

5)            Not giving kids enough responsibility

6)            Not being a good spouse

7)            Setting unreal expectations

8)            Not teaching kids to fend for themselves

9)            Pushing trends on kids

10)           Not following through

Playstead also has some comments about stage parents.

Let kids be kids. Parents shouldn’t push their trends or adult outlook on life on their kids. Just because it was your life’s dream to marry a rich guy doesn’t mean we need to see your 4-year-old daughter in a “Future Trophy Wife” t-shirt. The same goes for the double ear piercing—that’s what you want, not them. Teaching kids about your passions is great, but let them grow up to be who they are. And yes, this goes for you pathetic stage parents as well. It’s hard enough for kids to figure out who they are in the world without you trying to turn them into what you couldn’t be.

Paul Tough has written a very thoughtful New York Times piece about the importance of failure in developing character, not characters.

In What If the Secret to Success Is Failure? Tough writes:

Dominic Randolph can seem a little out of place at Riverdale Country School — which is odd, because he’s the headmaster. Riverdale is one of New York City’s most prestigious private schools, with a 104-year-old campus that looks down grandly on Van Cortlandt Park from the top of a steep hill in the richest part of the Bronx. On the discussion boards of UrbanBaby.com, worked-up moms from the Upper East Side argue over whether Riverdale sends enough seniors to Harvard, Yale and Princeton to be considered truly “TT” (top-tier, in UrbanBabyese), or whether it is more accurately labeled “2T” (second-tier), but it is, certainly, part of the city’s private-school elite, a place members of the establishment send their kids to learn to be members of the establishment. Tuition starts at $38,500 a year, and that’s for prekindergarten.

Randolph, by contrast, comes across as an iconoclast, a disrupter, even a bit of an eccentric. He dresses for work every day in a black suit with a narrow tie, and the outfit, plus his cool demeanor and sweep of graying hair, makes you wonder, when you first meet him, if he might have played sax in a ska band in the ’80s. (The English accent helps.) He is a big thinker, always chasing new ideas, and a conversation with him can feel like a one-man TED conference, dotted with references to the latest work by behavioral psychologists and management gurus and design theorists. When he became headmaster in 2007, he swapped offices with his secretary, giving her the reclusive inner sanctum where previous headmasters sat and remodeling the small outer reception area into his own open-concept work space, its walls covered with whiteboard paint on which he sketches ideas and slogans. One day when I visited, one wall was bare except for a white sheet of paper. On it was printed a single black question mark.

For the headmaster of an intensely competitive school, Randolph, who is 49, is surprisingly skeptical about many of the basic elements of a contemporary high-stakes American education. He did away with Advanced Placement classes in the high school soon after he arrived at Riverdale; he encourages his teachers to limit the homework they assign; and he says that the standardized tests that Riverdale and other private schools require for admission to kindergarten and to middle school are “a patently unfair system” because they evaluate students almost entirely by I.Q. “This push on tests,” he told me, “is missing out on some serious parts of what it means to be a successful human.”

The most critical missing piece, Randolph explained as we sat in his office last fall, is characterthose essential traits of mind and habit that were drilled into him at boarding school in England and that also have deep roots in American history. “Whether it’s the pioneer in the Conestoga wagon or someone coming here in the 1920s from southern Italy, there was this idea in America that if you worked hard and you showed real grit, that you could be successful,” he said. “Strangely, we’ve now forgotten that. People who have an easy time of things, who get 800s on their SAT’s, I worry that those people get feedback that everything they’re doing is great. And I think as a result, we are actually setting them up for long-term failure. When that person suddenly has to face up to a difficult moment, then I think they’re screwed, to be honest. I don’t think they’ve grown the capacities to be able to handle that….”

Whatever the dream you feel you didn’t realize, remember that was your dream, it may not be your child’s dream. https://drwilda.com/2011/12/06/no-one-is-perfect-people-sometimes-fail/

U.S. News reports on a recent Mayo Clinic study in Avoiding Scary Situations May Leave Kids More Anxious: Study:

– Children who avoid scary situations are more likely to have anxiety, according to researchers who developed a new way to assess avoidance behavior in youngsters.

The Mayo Clinic study included more than 800 children, aged 7 to 18, and used two eight-question surveys, one for parents and one for children.

The parents’ survey asks about their children’s tendencies to avoid scary situations. For example: “When your child is scared or worried about something, does he or she ask to do it later?”

The children’s survey asks them to describe their avoidance habits. For example: “When I feel scared or worried about something, I try not to go near it.”

Children who tried to avoid scary situations at the start of the study were more likely than other children to have anxiety a year later, according to the study published online March 4 in the journal Behavior Therapy. http://health.usnews.com/health-news/news/articles/2013/03/15/avoiding-scary-situations-may-leave-kids-more-anxious-study

Here is the Mayo Clinic press release:

Children Who Avoid Scary Situations Likelier to Have Anxiety, Mayo Clinic Research Finds

Monday, March 11, 2013

ROCHESTER, Minn. — Children who avoid situations they find scary are likely to have anxiety a Mayo Clinic study of more than 800 children ages 7 to 18 found. The study published this month in Behavior Therapy presents a new method of measuring avoidance behavior in young children.

The researchers developed two eight-question surveys: the Children’s Avoidance Measure Parent Report and the Children’s Avoidance Measure Self Report. The questionnaires ask details about children’s avoidance tendencies, for instance, in addressing parents, “When your child is scared or worried about something, does he or she ask to do it later?” It also asks children to describe their passive avoidance habits. For example: “When I feel scared or worried about something, I try not to go near it.”

One of the most surprising findings was that measuring avoidance could also predict children’s development of anxiety. Children who participated in the study showed stable anxiety scores after a year had passed, but those who described avoidance behaviors at the onset tended to be more anxious a year later.

“This new approach may enable us to identify kids who are at risk for an anxiety disorder,” says lead author Stephen Whiteside, Ph.D., a pediatric psychologist with the Mayo Clinic Children’s Center. “And further, because cognitive behavior therapy focuses on decreasing avoidance behaviors, our approach may also provide a means to evaluate whether current treatment strategies work they we think they do.”

In 25 anxious children surveyed following cognitive behavior therapy that slowly exposed children to the situations that caused fear, the avoidance scores from surveys of their parents declined by half. This likely indicates that part of the reason they’re getting better is that they’re no longer avoiding things, Dr. Whiteside says.

“Even after controlling for their baseline anxiety, those who avoided had more anxiety than kids who didn’t avoid,” Dr. Whiteside says. “That was consistent with the model of how anxiety disorders develop. Kids who avoid fearful situations don’t have the opportunity to face their fears and don’t learn that their fears are manageable.”

Most children experience fears of one kind or another, but for some children those fears become heightened as part of an anxiety disorder. When children begin to avoid scary situations, anxiety disorders can become particularly disabling, preventing participation in everyday activities. Even though several methods exist to gauge children’s fearful thinking and symptoms like feeling nervous, clinicians have had few tools until now to measure avoidance behaviors.

Dr. Whiteside is the developer of the Mayo Clinic Anxiety Coach, an iPhone app that helps individuals learn about anxiety, gauge and manage their symptoms, and make lists of activities to help them face their fears. The study was funded by Mayo Clinic Department of Psychiatry and Psychology.

###

About Mayo Clinic

Mayo Clinic is a nonprofit worldwide leader in medical care, research and education for people from all walks of life. For more information, visit MayoClinic.com or MayoClinic.org/news.

Journalists can become a member of the Mayo Clinic News Network for the latest health, science and research news and access to video, audio, text and graphic elements that can be downloaded or embedded.

Citation:

Behavior Therapy

Available online 4 March 2013

In Press, Accepted ManuscriptNote to users

Development of child- and parent-report measures of behavioral avoidance related to childhood anxiety disorders

  • a Mayo Clinic
  • b University of Missouri, Kansas City
  • c University of Missouri

Purchase $31.50

Abstract

The current report describes three studies conducted to develop 8-item child- and parent-report measures to further the understanding of the role of behavioral avoidance in the development, maintenance and treatment of childhood anxiety disorders. Participants included both clinical (N=463; ages 8 to 12) and community (N=421; ages 7 to 18) samples of children and their parents from primarily Caucasian intact families. Follow-up data were collected from 104 families in the community sample. Overall, the measures were internally consistent and related to anxiety, distress, and alternative measures of avoidance in both samples. Parent report of children’s behavioral avoidance evidenced the strongest psychometric properties, differentiated among clinical and community populations, and most importantly, predicted children’s anxiety at least eight months later over and above initial anxiety ratings. Moreover, decreases in avoidance were associated with successful exposure therapy. These results are consistent with the role of behavioral avoidance in the development of anxiety and provide a efficient tool for assessing the role avoidance in clinical and research settings.

Highlights

Avoidance is theorized to contribute to childhood anxiety disorders. ► We developed child- and parent-report measures of behavioral avoidance. ► Both measures demonstrated good psychometric properties. ► Parent-report predicted changes in child anxiety over a one-year period. ► Avoidance decreased with successful treatment.

Moi wrote in You call your kid prince or princess, society calls them ‘brat’:

Here is today’s COMMENT FROM AN OLD FART: Urban Dictionary defines brat:

1.A really annoying person.
2.A person that is spoiled rotten.
3.An annoying child that wants something that no one will get for him/her. http://www.urbandictionary.com/define.php?term=brat

Most folks have had the experience of shopping in a store like Target and observing a child acting out or screaming at the top of his or her lungs. Another chance for observation of family interaction is dining out at a restaurant when children may act out. Without knowing the history, it is difficult to assess the root cause. Still, an observation of how the parent(s) deal with the tantrum is instructive about who is in control and where the power resides in a family. It appears that in many families the parents are reluctant to be parents and to teach their children appropriate behavior, boundaries, and manners.

http://drwildaoldfart.wordpress.com/2012/10/19/you-call-your-kid-prince-or-princess-society-calls-them-brat/

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Reflections on PC: Morons, progressives, and the U.S. Constitution

15 Mar

Here’s today’s COMMENT FROM AN OLD FART: Mayor Bloomberg of New York City has announced that he plans to appeal a court decision overturning his soda ban. David McLaughlin, Chris Dolmetsch and Henry Goldman report in the Bloomberg News  article, New York City Appeals Soda Size Ban Court Defeat:

New York City challenged a ruling throwing out Mayor Michael R. Bloomberg’s proposal to restrict sales of large-size soda drinks, calling the decision by a state court judge “contrary to law.”

In a five-page notice of appeal, the city said it would fight the March 11 ruling by New York Supreme Court Justice Milton Tingling before the court’s appellate division in Manhattan. Tingling barred the ban from becoming law yesterday, saying it had too many loopholes and violated the jurisdiction of New York’s City Council.

“We are moving forward immediately with our appeal,” said Michael A. Cardozo, corporation counsel of the city’s law department. “We believe the judge was wrong in rejecting this important public health initiative. We also feel he took an unduly narrow view of the Board of Health’s powers.”

The city’s Board of Health in September approved the plan to cap the size of sugary soft drinks sold in restaurants, movie theaters, stadiums and arenas at 16 ounces (473 milliliters) a cup. In October, groups representing beverage makers, restaurants and theaters asked the court to quash the regulation as “unprecedented interference” with consumer choice. Tingling issued a permanent injunction barring the city from implementing the plan.

“The loopholes in this rule effectively defeat the stated purpose,” Tingling wrote. “It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners.”

City Overreached

The plaintiffs said the city had overreached and ignored the rights of New Yorkers to make their own choices. The plan is “grossly unfair” to small businesses such as street-food vendors and pizzerias because convenience and grocery stores can still sell the larger sizes, lawyers for the plaintiffs said.

The city argued it’s trying to stem an epidemic of obesity driven by consumption of sugary beverages, which is rising because food establishments sell ever-larger portions. Under the rule, consumers are free to buy an unlimited number of smaller drinks and get refills.

Bloomberg is the majority owner of Bloomberg LP, parent of Bloomberg News….

The case is New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health and Mental Hygiene, 653584-2012, New York State Supreme Court, New York County (Manhattan).

http://www.bloomberg.com/news/2013-03-12/new-york-city-files-notice-of-appeal-over-soda-size-case.html

All, moi can say is really. There is no doubt that sugary drinks are bad, but so are other conditions which cause harm, Probably, those who over-consume sugar by choice are morons, but the trend appears to be that we only condemn the morons that WE do not like.

A case is point is the level of single parent births in communities of color. Child Trends and DataBank reports the following in the article, Births to Unmarried Women:

Importance

Children born to unmarried mothers are more likely to grow up in a single-parent household, experience instability in living arrangements, live in poverty, and have socio-emotional problems.1,2,3,4 As these children reach adolescence, they are more likely to have low educational attainment, engage in sex at a younger age, and have a birth outside of marriage.5,6,7,8 As young adults, children born outside of marriage are more likely to be idle (neither in school nor employed), have lower occupational status and income, and have more troubled marriages and more divorces than those born to married parents.9

Women who give birth outside of marriage tend to be more disadvantaged than their married counterparts, both before and after the birth. Unmarried mothers generally have lower incomes, lower education levels, and are more likely to be dependent on welfare assistance compared with married mothers.10,11,12,13 Women who have a nonmarital birth also tend to fare worse than childless single women; for example, they have reduced marriage prospects compared with single women without children.14,15

A majority of unmarried births now occur to cohabiting parents.16 Between 2006 and 2010, 58 percent of unmarried births were to cohabiting parents: in 2002, the proportion was 40 percent.17 Children born to cohabiting parents are more likely to see their parents eventually marry than are those born to non-co-residential parents.18 Nevertheless, children born to cohabiting parents experience higher levels of socioeconomic disadvantage, and fare worse across a range of behavioral and emotional outcomes than those born to married parents….19

Differences by Race and Hispanic Origin20

There are large differences by race and Hispanic origin in the share of births to unmarried women, with non-Hispanic white women and Asian or Pacific Islander women much less likely than women in other groups to have a nonmarital birth. In 2011 (preliminary estimates), 72 percent of all births to black women, 66 percent to American Indian or Alaskan native women, and 53 percent to Hispanic women occurred outside of marriage, compared with 29 percent for white women, and 17 percent for Asian or Pacific Islander women. (Appendix 1) However, the difference between black and white women in the percentage of births that are nonmarital has been shrinking consistently since 1980, while the difference between white and Hispanic women has been widening. (Figure 1)

Figure 1: Percentage of Births that were to Unmarried Women, by Race & Hispanic Origin, 1960-2011

http://www.childtrendsdatabank.org/?q=node/196

This is a problem which never should have been swept under the carpet and if the chattering classes, politicians, and elite can’t see the magnitude of this problem, they are not just brain dead, they are flat-liners. There must be a new women’s movement, this time it doesn’t involve the “me first” philosophy of the social “progressives” or the elite who in order to validate their own particular life choices espouse philosophies that are dangerous or even poisonous to those who have fewer economic resources. This movement must urge women of color to be responsible for their reproductive choices. They cannot have children without having the resources both financial and having a committed partner. For all the talk of genocide involving the response and aftermath of “Katrina,” the real genocide is self-inflicted.

Both the choice to consume sugary drinks and to have children out of wedlock are defined as personal choices. Bloomberg and others won’t touch this issue with a hundred foot pole. Why? Too many of their electorate would be pissed for a variety of reasons and they don’t want to chance their wrath. Scholastic News has a concise description of why the Bill of Rights was added to the U.S. Constitution in the article Bill of Rights:

The debate over the need for a bill of rights was sparked by a proposal made by a dissenting minority in the Pennsylvania ratifying convention. Some delegates believed that guarantees of certain basic rights and liberties were missing from the proposed Constitution. They called for a number of amendments that would secure a wide range of liberties, such as the free exercise of religion, freedom of speech and press, and protection against unreasonable searches and seizures. Majorities in the ratifying conventions of New Hampshire, Massachusetts, New York, Maryland, Virginia, North Carolina and South Carolina also called for numerous amendments to the proposed Constitution. Although the substance of these recommended amendments differed from state to state, most contained provisions that would limit the powers of the new federal (national) government and protect the people from inconsistent and oppressive rule. http://teacher.scholastic.com/scholasticnews/indepth/constitution_day/background/index.asp?article=billofrights

So, a behavior that statistically is more damaging than consuming sugary drinks is never condemned. The child born to a single poor mother is usually condemned to follow her into a life of poverty. Yet, the same rigor of dissuasion is not applied to young impressionable women who are becoming single mothers in large numbers as is applied to regular Coke or Pepsi addicts. Personal choice is involved, some of the snarky could categorize the personal choice as moronic in both cases. Government intervention is seen as the antidote in the case of sugary drinks, but not single motherhood. Why? Because we like to pick the morons we want government to control. The fact of the matter is that government control is just as bad in the case of sugary drinks as it would be in regulating a individual’s reproductive choice. The folks like Mayor Bloomberg who want government to control some behavior really don’t want to confront the difficult, for them, political choice of promoting individual personal values and responsibility. It is much easier to legislate a illusory solution. So, the ruling elite will continue to focus on obesity, which is a major health issue, while a disaster bigger than “Katrina” and “Sandy “ sweeps across the country with disastrous results.

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An interesting critique of the College Board’s AP test report

10 Mar

Moi wrote in Who should take AP classes?

AP is a program designed by the College Board, the same organization that designs and administers college entrance exams like the SAT and ACTAP consists of more than 30 courses and exams, which cover a variety of subject areas. The College Board describes the value of AP.

Receive recognition by more than 90 percent of colleges in the United States and colleges in more than 60 other countries, which grant credit, advanced placement or both on the basis of AP Exam grades.

In other words, AP is designed to boast the chances of students in gaining admittance to colleges, especially those colleges who are known to be highly selective. AP Program

 AASU Research

This research seems to say that a highly motivated person will succeed in college whether they have taken AP coursework or not. But, all things being equal, the AP program appears to help children in later academic work. The rigorous curriculum is given as the explanation for later student achievement.

A paper in the Southern Economic Journal by Klopfenstein and others looks at the link between AP coursework and college success.

Our research finds no conclusive evidence that, for the average student, AP experience has a causal impact on early college success. Our findings support a clear distinction between courses that are “college preparatory” and those that are “college level.” The former type of course emphasizes the development of skills needed to succeed in college, such as note taking, study skills, and intellectual discipline; the latter type assumes that such skills are already in place. At-risk high school students particularly benefit from skills-based instruction, including “how to study, how to approach academic tasks, what criteria will be applied, and how to evaluate their own and others’ work,” where writing and revising are ongoing…. It is important to recognize that prediction and causality are not the same, and that the practice of placing extraordinary weight on AP participation in the college admissions process absent evidence of human capital gains from program participation distorts incentives. Our research finds that AP course-taking alone may be predictive of college success, a finding that is consistent with College Board research by Dodd et al. (2007) but casts doubt on the notion that AP participation imparts a positive causal impact on college performance for the typical student. …

This report seems to conclude that the reason AP students are successful is that they are highly motivated to succeed and achieve. Southern Economic Journal

For a good overview of why students take AP courses, see Grace Chen’s article, How AP Classes Benefit a Public School Student’s Future

AP courses tend to attract students who are preparing for college and are very goal oriented. So, what if a student either doesn’t want to go to college or may want a career, should they take AP courses? Since the average person, according to Career Information Online will have three to five careers over the course of a life time, the best advice to everyone is prepare for any eventuality. Even if students don’t attend college after high school, they may attend later as part of a career change. Many former automobile workers are now getting college degrees in nursing and other fields, for example. The College Board releases an annual report about the AP test. https://drwilda.com/2012/02/14/who-should-take-ap-classes/

Here is a portion of the College Board press release about The 9th Annual AP Report to the Nation:

Class of 2012 Advanced Placement® Results Announced

While Participation and Performance Increased Compared to the Class of 2011, Many High School Students with Potential for Success in College-Level AP® Courses Still Lack Access

02/20/2013

NEW YORK — Ensuring that all academically prepared high school students have access to rigorous college-level course work that will enable them to persist in and graduate from college is critical for the United States to remain competitive in a global economy — particularly in crucial STEM-related disciplines. Educators are increasingly adopting the rigorous standards found within the Advanced Placement Program® (AP®) to help the nation’s high school students develop the critical thinking, reasoning and communication skills that are essential for college success.

Data released today by the College Board as part of The 9th Annual AP Report to the Nation revealed that more high school graduates are participating — and succeeding — in college-level AP courses and exams than ever before. Succeeding in AP is defined as achieving a score of 3 or higher on the five-point AP Exam scale, which is the score needed for credit, advanced placement or both at the majority of colleges and universities.

By exposing students to college-level work while still in high school, Advanced Placement dramatically improves college completion rates,” said David Coleman, President of the College Board. “Today we applaud those educators who have worked tirelessly to bring the power of AP to more communities and more students than ever before. But we must not forget the hundreds of thousands of students with the potential to succeed in Advanced Placement who don’t even have access to its coursework.  If we hope to achieve our long-term college completion goals, we must ensure that every student has access to a rigorous education.”

Among the class of 2012:

  • The number of high school graduates taking AP Exams increased to 954,070, (32.4%), up from 904,794 (30.2%) among the class of 2011 and 471,404 (18.0%) in 2002 among the class of 2002.
  • The number of high school graduates scoring a 3 or higher increased to 573,472 (19.5%), up from 541,000 (18.1%) among the class of 2011 and 305,098 (11.6%) among the class of 2002.

Current research on AP course work confirms AP’s comparability to introductory college courses in content, skills and learning outcomes. Research consistently shows that students earning placement into advanced course work based on AP Exam scores perform as well as — or better than — students who have completed the introductory course at a college or university. In fact, students who succeed on an AP Exam during high school typically experience greater overall academic success in college, and are more likely than their non-AP peers to graduate from college and to graduate on time, experiencing lower college costs than the majority of American college students.

However, this is not the full story. Data from The 9th Annual AP Report to the Nation also indicate that hundreds of thousands of academically prepared students with the potential to succeed in AP — including a disproportionately large percentage of underserved minority students — are graduating from high school without having participated in AP.

A Right to Rigor: Fulfilling Student Potential

All students who are academically prepared for the intellectual demands of college-level AP course work during high school — no matter their location, background or socioeconomic status — have a right to fulfill that potential.

Among the class of 2012, more than 300,000 students identified as having a high likelihood of success in AP did not take any recommended AP Exam. Such “AP potential” is defined as a 60 percent or greater probability of scoring a 3 or higher on an AP Exam based on a student’s performance on specific sections of the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT®). These data revealed significant inequities in AP participation along racial/ethnic lines, with underserved minority students who demonstrated readiness for AP much less likely than their similarly prepared white and Asian/Asian American/Pacific Islander peers to experience AP course work.

Among the contributing factors, a significant cause for this disparity is the lower availability of a variety of AP courses in schools with higher numbers of low-income and traditionally underserved minority students….

Collaborating to Promote STEM Education

While the challenge to improve equity and access applies to all AP courses, its importance is amplified among the STEM (science, technology, engineering and mathematics) disciplines. Research shows that students who took college-level AP math or science exams during high school were more likely than non-AP students to earn degrees in physical science, engineering and life science disciplines — the fields leading to some of the careers essential for the nation’s future prosperity.

In the last decade, the number of students graduating from high school having taken an AP math or science exam has nearly doubled, from 250,465 in the class of 2002 to 497,924 in the class of 2012 (see Figure 8). However, among students with comparable levels of readiness for AP STEM course work, participation rates vary significantly by race/ethnicity and gender. Six in 10 Asian/Asian American/Pacific Islander students with a 60 percent or higher likelihood of succeeding on an AP mathematics exam took the exam, compared to 4 in 10 white students, 3 in 10 black/African American students, 3 in 10 Hispanic/Latino students, and 2 in 10 American Indian/Alaska Native students. In most AP STEM subjects, female students participate at lower rates than male students….

In December 2012, the College Board announced the creation of the AP STEM Access program — made possible through a $5 million Global Impact Award from Google to DonorsChoose.org — to increase the number of traditionally underrepresented minority and female high school students who participate in AP STEM courses. Through this program, 800 public high schools across the country are being invited to start new AP math and science courses, with an emphasis on encouraging traditionally underrepresented minority and female students who demonstrate academic potential to enroll and explore these areas of study and related careers.

Supporting 3 Goals Critical to College Readiness

At its core, AP is a collaboration among college faculty and administrators, states, districts, schools, and teachers working together to provide academically ready students with the access to the rigor they deserve. The 9th Annual AP Report to the Nation shows that success stories exist and can be brought to scale. Three critical areas for addressing challenges to access are increasing rigor, promoting equity, and developing critical knowledge and skills.

1.      Increasing Rigor

In order for more students to succeed in college, they need preparation for and access to demanding college-level work while still in high school. Since 2002, there has been a 7.9 point increase in the percentage of U.S. public high school graduates scoring a 3 or higher on an AP Exam. Among the class of 2012, 19.5 percent of U.S. public high school graduates scored a 3 or higher on an AP Exam during high school, with 17 states exceeding the national average. Once again, Maryland led all other states in the percentage of its public high school graduates scoring a 3 or higher on an AP Exam.

Top 10 States in Percentage of 2012 Public High School Graduates Succeeding on AP Exam

  1. Maryland (29.6%)
  2. New York (28.0%)
  3. Massachusetts (27.9%)
  4. Florida (27.3%)
  5. Virginia (27.2%)
  6. Connecticut (26.9%)
  7. Maine (24.8%)
  8. California (24.7%)
  9. Colorado (24.2%)
  10. Vermont (22.8%)

2.      Promoting Equity

The AP Program is committed to increasing student diversity in AP classrooms, while simultaneously increasing AP success, to ensure that the demographics of both AP participation and success reflect the demographics of the overall student population. Though challenges remain, progress is being made to close equity gaps in AP participation and success among underserved minority and low-income students. Consider the following:

  • 30 states made progress over the past year in closing both AP participation and success gaps among black/African American students (see Figure 6a).
  • 17 states and the District of Columbia made progress over the past year in closing both AP participation and success gaps among Hispanic/Latino students (see Figure 6b).
  • Low-income graduates accounted for 26.6% of those who took at least one AP Exam in the class of 2012, compared to 11.5% of AP Exam takers in the class of 2003.
  • More than 250,000 low-income graduates in the class of 2012 took at least one AP Exam during high school, more than four times as many low-income graduates who took an AP Exam in the class of 2003.

3.      Developing Critical Knowledge and Skills

AP courses are designed by college and university faculty based on well-defined goals for student learning that give specially trained AP teachers a clear understanding of what students should know and be able to do by the end of the course. AP students develop their knowledge of key concepts and skills at the heart of comparable introductory college courses, including critical analysis and writing skills. Figures 8 and 9 of the report (pages 26–27) show the participation, success and score distributions among the class of 2012 across the three AP discipline groupings: math and science; English, history and social science; and arts and world languages.

AP Course and Exam Redesign

College faculty have played an integral role in the AP Program’s comprehensive course redesign to ensure that each Advanced Placement course and exam deepens the focus on critical thinking and reflects the most recent developments in each discipline. The involvement of university professors ensures that AP courses and exams are directly aligned with the same content and skills learned in introductory college courses.

With agreement among colleges and universities regarding the knowledge and skills that students need to cultivate through AP course work in order to qualify for credit and placement, the AP course redesign is enabling AP teachers and students time to explore key concepts in greater depth by reducing the amount of content coverage required….

The 9th Annual AP Report to the Nation is available at apreport.collegeboard.org.

Follow Trevor Packer on Twitter: @AP_Trevor

About the College Board

The College Board is a mission-driven not-for-profit organization that connects students to college success and opportunity. Founded in 1900, the College Board was created to expand access to higher education. Today, the membership association is made up of over 6,000 of the world’s leading educational institutions and is dedicated to promoting excellence and equity in education. Each year, the College Board helps more than seven million students prepare for a successful transition to college through programs and services in college readiness and college success — including the SAT® and the Advanced Placement Program®. The organization also serves the education community through research and advocacy on behalf of students, educators and schools. For further information, visit www.collegeboard.org.

Media Inquiries:
College Board Communications
212-713-8052/communications@collegeboard.org
 

https://press.collegeboard.org/releases/2013/class-2012-advanced-placement-results-announced

Jack Schneider has an interesting critique of the report at the Washington Post’s blog, The Answer Sheet.

In the article, What the AP program can’t do, Schneider opines:

To many in the world of education reform, the latest AP Report to the Nation—released recently by the College Board—is cause for celebration on two fronts. The first achievement has to do with equity.  During the program’s early history in the 1960s, Advanced Placement courses were generally populated by white students.  Even as recently as the mid-1990s, 80 percent of AP exams were taken by whites or Asians.  Today, however, roughly a third of students participating in the program are non-Asian students of color.  And that number is growing every year.

The second achievement has to do with teaching and learning.  By the twenty-first century, AP was being assailed by its critics for failing to evolve.  While college professors increasingly guided students through closer examinations of subjects with an orientation toward critical thinking and hands-on work, the AP Program continued to emphasize survey-style coverage and content memorization.  This latest report, however, details a course and exam redesign that brings AP back in line with “current practices in college instruction.”  And according to the College Board, changes in all subject areas will be substantial.

Both of these developments are the result of hard work, financial commitment (the Department of Education alone has spent a quarter of a billion dollars on its AP Incentive Program), and concerted efforts by all parties involved to promote the twin aims of equity and excellence.

The problem, however, is that AP can do very little to actually realize those aims….

Consider the effort to promote equity through AP.  For decades, reformers tried to use the program as a lever for giving under-served students a college admissions edge.  After all, in the last decades of the twentieth century, colleges and universities looked favorably on students with AP courses on their transcripts.  But most AP courses were taught at private and suburban schools.  Consequently, reformers sought to extend the AP Program, believing they could level the playing field by providing equal access to an elite brand.  Yet, as I have written elsewhere, the expansion of the AP Program failed to promote real parity between the educational haves and have-nots.  Because once the AP Program reached a critical mass, it lost its functionality as a mark of distinction.  Soon, scores of colleges and universities (Dartmouth being the latest) revised their policies around awarding credit for AP coursework or favoring it in admissions reviews.  And ultimately, elite suburban and private schools began to drop the program, calling it outdated, overly-restrictive, and too oriented toward multiple choice tests.  Thus, while students at Garfield High in East Los Angeles were for a short time doing the same work as students at Andover, the aim of equity proved a noble and elusive dream. http://www.washingtonpost.com/blogs/answer-sheet/wp/2013/03/09/what-the-ap-program-cant-do/

Moi wrote in The International Baccalaureate program and vocational students:

There is an “arms race” going on in American Education. More people are asking whether college is the right choice for many. The U.S. has de-emphasized high quality vocational and technical training in the rush to increase the number of students who proceed to college in pursuit of a B.A. Often a graduate degree  follows. The Harvard paper, Pathways to Prosperity argues for more high quality vocational and technical opportunities:

The implication of this work is that a focus on college readiness alone does not equip young people with all of

the skills and abilities they will need in the workplace, or to successfully complete the transition from adolescence

to adulthood. This was highlighted in a 2008 report published by Child Trends, which compared research on the competencies required for college readiness, workplace readiness and healthy youth development. The report found significant overlaps. High personal expectations, self-management, critical thinking, and academic achievement are viewed as highly important for success in all three areas. But the report also uncovered some striking differences. For instance: while career planning, previous work experience, decision making, listening skills, integrity, and creativity are all considered vital in the workplace, they hardly figure in college readiness.

http://www.gse.harvard.edu/news_events/features/2011/Pathways_to_Prosperity_Feb2011.pdf

There is a reluctance to promote vocational opportunities in the U.S. because the is a fear of tracking individuals into vocational training and denying certain groups access to a college education. The comprise could be a combination of both quality technical training with a solid academic foundation. Individuals may have a series of careers over the course of a career and a solid foundation which provides a degree of flexibility is desired for survival in the future. See, Why go to college? https://drwilda.wordpress.com/2011/11/28/why-go-to-college/

https://drwilda.com/2011/11/29/the-international-baccalaureate-program-and-vocational-students/

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Study: Parental education reduces childhood obesity, but more physical activity may be needed

9 Mar

Moi wrote in Childhood obesity: Recess is being cut in low-income schools:

The goal of this society should be to raise healthy and happy children who will grow into concerned and involved adults who care about their fellow citizens and environment. In order to accomplish this goal, all children must receive a good basic education and in order to achieve that goal, children must arrive at school, ready to learn. There is an epidemic of childhood obesity and obesity is often prevalent among poor children. The American Heart Association has some great information about Physical Activity and Children                                                                                                                               http://www.heart.org/HEARTORG/GettingHealthy/Physical-Activity-and-Children_UCM_304053_Article.jsp#.TummU1bfW-c

Unfortunately, many low-income children are having access to physical activities at school reduced because of the current recession.

Sandy Slater is reporting in the Education Nation article, Low-Income Schools Are Less Likely to Have Daily Recess

Here’s what we know:

• Children aged six to 17 should get at least one hour of daily physical activity, yet less than half of kids aged six to 11 get that much exercise. And as kids get older, they’re even less active.

• The National Association of Sport and Physical Education (NASPE) recommends that elementary school students get an average of 50 minutes of activity each school day – at least 150 minutes of PE per week and 20 minutes of daily recess.

• Kids who are more active perform better academically.

As a researcher and a parent, I’m very interested in improving our understanding of how school policies and practices impact kids’ opportunities to be active at school. My colleagues and I recently conducted a study to examine the impact of state laws and school district policies on PE and recess in public elementary schools across the country.

During the 2006 to 2007 and 2008 to 2009 school years, we received surveys from 1,761 school principals in 47 states. We found:

• On average, less than one in five schools offered 150 minutes of PE per week.

• Schools in states with policies that encouraged daily recess were more likely to offer third grade students the recommended 20 minutes of recess daily.

• Schools serving more children at highest risk for obesity (i.e. black and Latino children and those from lower-income families) were less likely to have daily recess than were schools serving predominantly white students and higher-income students.

• Schools that offered 150 minutes of weekly PE were less likely also to offer 20 minutes of daily recess, and vice versa. This suggests that schools are substituting one opportunity for another instead of providing the recommended amount of both.

• Schools with a longer day were more likely to meet the national recommendations for both PE and recess.                               http://www.educationnation.com/index.cfm?objectid=ACF23D1E-229A-11E1-A9BF000C296BA163&aka=0

The gap between the wealthiest and the majority is society is also showing up in education opportunities and access to basic health care. https://drwilda.wordpress.com/2011/12/15/childhood-obesity-recess-is-being-cut-in-low-income-schools/   Just how important physical activity is was hinted at in the study, A Parent-Focused Intervention to Reduce Infant Obesity Risk Behaviors: A Randomized Trial.

Tara Healy writes in the Daily RX article, Exploring Parent Education to Reduce Obesity:

Child obesity happens for many different reasons. These include TV time, diet, physical activity, genetics and other issues. Changing some of these may help reduce risk of obesity.

A recent study sought to find out whether special parenting classes might help reduce risk factors for obesity in babies.

The researchers found the children of parents who took the classes did drink fewer juices and soft drinks. They also ate fewer sweet snacks and watched less TV.

However, about a year later, the babies’ weight and level of physical activity was not any different than that of children of parents who did not have the classes.

The experiment appeared to reduce some of the behaviors related to obesity but not others….

The researchers included 542 parents and their babies, at an average age of 4 months, in the study.

During a 15-month period, half the parents were given six 2-hour sessions with dietitians, and the other half were sent six newsletters in the mail.

The dietitian sessions focused on teaching parents information and skills related to feeding, diet, physical activity and television viewing for infants. The newsletters sent to the other group dealt with issues unrelated to obesity or obesity factors.

The researchers collected information from the parents when the children were 4 months old, 9 months old and 20 months old. They gathered information about the children’s diet based on what had been eaten in the past 24 hours and the children’s physical activity based on activity monitors the children wore.

The researchers also gathered information from the parents on their children’s television viewing time and the kids’ body mass index scores (BMI). BMI is a ratio of a child’s height and weight used to determine if they are a healthy weight.

When the kids were 9 months old, the researchers found that the children of parents in the dietitian group drank fewer fruit juices and soft drinks and were generally about half as likely to have these drinks at all as compared to the children of parents in the newsletter group

By the end of the study, when the kids were 20 months old, the children of parents in the dietitian group ate about 4 fewer grams of sweet snacks daily and watched about 16 minutes less of TV each day, compared to the other group of children.

Overall, however, there was not much differences among the children in both groups when it came to the amount of fruits, vegetables, non-sweet snacks or water the children consumed. There was also no difference among the kids in either group in terms of physical activity and BMI.

Therefore, the intervention appeared to decrease the amount of TV children watched and the amount of sweet snacks they had. However, it didn’t affect how much exercise they got or their weight.

The researchers said it’s possible that the intervention (the dietitian sessions) needs to be designed differently to focus more on physical activity.

Still, more television time, more sweet snacks and more sweet drinks are all associated with a higher risk of obesity among children. These factors were lower in the group who attended the meetings.   http://www.dailyrx.com/reducing-child-obesity-risk-factors-may-be-possible-specialized-parenting-classes

Citation:

A Parent-Focused Intervention to Reduce Infant Obesity Risk Behaviors: A Randomized Trial

  1. 1.     Karen J. Campbell, PhDa,
  2. 2.     Sandrine Lioret, PhDa,
  3. 3.     Sarah A. McNaughton, PhDa,
  4. 4.     David A. Crawford, PhDa,
  5. 5.     Jo Salmon, PhDa,
  6. 6.     Kylie Ball, PhDa,
  7. 7.     Zoe McCallum, PhDb,
  8. 8.     Bibi E. Gerner, MPHc,
  9. 9.     Alison C. Spence, PhDa,
  10. 10.  Adrian J. Cameron, PhDa,
  11. 11.  Jill A. Hnatiuk, MSca,
  12. 12.  Obioha C. Ukoumunne, PhDd,
  13. 13.  Lisa Gold, PhDe,
  14. 14.  Gavin Abbott, PhDa, and
  15. 15.  Kylie D. Hesketh, PhDa

+ Author Affiliations

  1. 1.     aCentre for Physical Activity and Nutrition Research, and
  2. 2.     eDeakin Health Economics, Deakin University, Burwood, Australia;
  3. 3.     bDepartment of Paediatrics, The University of Melbourne, Melbourne, Australia;
  4. 4.     cCentre for Community Child Health, Royal Children’s Hospital, Parkville, Australia; and
  5. 5.     dPenninsula Collaboration for Leadership in Applied Health Research and Care, Peninsula College of Medicine and Dentistry, University of Exeter, Exeter, United Kingdom

Abstract

OBJECTIVE: To assess the effectiveness of a parent-focused intervention on infants’ obesity-risk behaviors and BMI.

METHODS: This cluster randomized controlled trial recruited 542 parents and their infants (mean age 3.8 months at baseline) from 62 first-time parent groups. Parents were offered six 2-hour dietitian-delivered sessions over 15 months focusing on parental knowledge, skills, and social support around infant feeding, diet, physical activity, and television viewing. Control group parents received 6 newsletters on nonobesity-focused themes; all parents received usual care from child health nurses. The primary outcomes of interest were child diet (3 × 24-hour diet recalls), child physical activity (accelerometry), and child TV viewing (parent report). Secondary outcomes included BMI z-scores (measured). Data were collected when children were 4, 9, and 20 months of age.

RESULTS: Unadjusted analyses showed that, compared with controls, intervention group children consumed fewer grams of noncore drinks (mean difference = –4.45; 95% confidence interval [CI]: –7.92 to –0.99; P = .01) and were less likely to consume any noncore drinks (odds ratio = 0.48; 95% CI: 0.24 to 0.95; P = .034) midintervention (mean age 9 months). At intervention conclusion (mean age 19.8 months), intervention group children consumed fewer grams of sweet snacks (mean difference = –3.69; 95% CI: –6.41 to –0.96; P = .008) and viewed fewer daily minutes of television (mean difference = –15.97: 95% CI: –25.97 to –5.96; P = .002). There was little statistical evidence of differences in fruit, vegetable, savory snack, or water consumption or in BMI z-scores or physical activity.

CONCLUSIONS: This intervention resulted in reductions in sweet snack consumption and television viewing in 20-month-old children.

  1. 1.    Published online March 4, 2013

    (doi: 10.1542/peds.2012-2576)

  2. » Abstract
  3. Full Text (PDF)

http://pediatrics.aappublications.org/content/early/2013/02/26/peds.2012-2576

Physically fit children are not only healthier, but are better able to perform in school.

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