First Person

Sexting in the news, and how to talk to your kids

Sexting” has been in the headlines recently due to the revelation that U.S. Congressman Anthony Weiner exchanged sexually explicit messages and photographs with several women. As you undoubtedly know, Rep. Weiner intended to send a sexually explicit photograph as a private message to one of the women on his Twitter account. Instead, he accidentally sent the photograph to his entire list of followers. Initially, Weiner claimed his Twitter account had been hacked. Eventually, Weiner admitted that he was responsible for the photograph and, later, resigned.

Rep. WienerRep. Weiner’s story is not isolated. In the past few years, the media has frequently reported about sexting incidents, including those involving Brett Favre, Vanessa Hudgsens, Rhianna and Former Miss California Carrie Prejean.

These news stories can provide an opportunity for parents to talk to their kids about a range of topics, including digital citizenship, online reputation and privacy. In addition, this discussion should outline the possible consequences for minors who save, text, forward or e-mail a nude or semi-nude photograph of themselves or their peers.

What is “sexting”?

The term sexting is not legally defined. Instead, it is a loose term generally used to describe the exchange of sexually explicit messages and photographs (1) between adults; (2) between minors; and (3) between adults and minors.

Lumping these three categories together under the term “sexting” is a great disservice to kids because it fosters an assumption that all three categories are treated equally. When an exchange is between two consenting adults, the disclosure of the messages and photographs can have personal and reputational consequences, such as with Rep. Weiner.

However, when the exchange is between minors and/or between adults and minors, the consequences are not only personal and reputational, but potentially criminal. For purposes of this post, we will focus on minors who exchange sexually explicit photographs.

Legal consequences for youth

A minor who creates, sends or possesses an image of a minor engaged in “sexually explicit conduct” (including an image of him or herself) can be charged with the production, distribution and/or possession of child pornography. Not all nude or semi-nude images of minors will qualify as child pornography. In fact, what constitutes an image depicting “sexually explicit conduct” varies.

Federal law defines it as an image showing (i) sexual intercourse . . .; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the genitals or pubic area of any person” 18 U.S.C. § 2256(2)(A). Many state laws have a broader definition and images that don’t fit into one of the categories above might still qualify as child pornography under state law.

Significantly, under federal law and most state laws, it doesn’t matter whether the minor depicted in the photograph was complicit in creating the photograph. For example, even if the image was willingly created by a 15-year-old for her 16-year-old boyfriend, with no intent to distribute beyond those two individuals, a charge of possession, distribution and/or production of child pornography is possible.

When speaking to school administrators, parents and teachers about minors texting nude or semi-nude pictures of themselves or their peers, I find the term “sexting” insufficient. It does not adequately convey the true risks involved. Instead, I use the term “self-produced child pornography,” which was first advanced by Professor Mary Leary in 2007 and the term “youth-produced sexual images” recently used by Crimes Against Children’s Research Center. (See Mary Graw Leary, Self-Produced Child Pornography: The Appropriate Societal Response to Juvenile Self-Sexual Exploitation, 15 VA. J. SOC. POL’Y & L. 1 (2007).

These terms provide better notice to minors that their activities may not be viewed as harmless youthful indiscretions, but instead, can have serious consequences.

EdNews Parent published this post with the permission of iKeepSafe.org.

Nancy GiffordAuthor Nancy Gifford is an attorney in the Center for Medicare Advocacy’s Connecticut office, and served as an Assistant U.S. Attorney for the District of Connecticut from 1998 until 2003. During her tenure, Gifford prosecuted a wide variety of federal criminal cases, including cases about health care fraud, tax evasion and crimes against children. Gifford served as a U.S. District Court law clerk for the Hon. Janet Bond Arterton, the Hon. Alvin W. Thompson and the Hon. Christopher F. Droney. Gifford graduated cum laude from the University of New Hampshire and received her law degree cum laude from Boston University. The opinions shared in this blog are strictly Gifford’s – they do not reflect those opinions of her employers.

First Person

Let’s be careful with using ‘grading floors.’ They may lead to lifelong ceilings for our students

PHOTO: Helen H. Richardson, The Denver Post

I am not a teacher. I am not a principal. I am not a school board member. I am not a district administrator (anymore).

What I am is a mother of two, a high-schooler and middle-schooler. I expect them both to do their “personal best” across the board: chores, projects, personal relationships, and yes, school.

That does not mean all As or Bs. We recognize the sometimes arbitrary nature of grades. (For example, what is “class participation” — is it how much you talk, even when your comments are off topic?) We have made it very clear that as long as they do their “personal best,” we are proud.

That doesn’t mean, though, that when someone’s personal best results in a poor grade, we should look away. We have to ask what that grade tells us. Often, it’s something important.

I believe grading floors — the practice (for now, banned in Memphis) of deciding the lowest possible grade to give a student — are a short-sighted solution to a larger issue. If we use grade floors without acknowledging why we feel compelled to do so, we perpetuate the very problem we seek to address.

"If we use grade floors without acknowledging why we feel compelled to do so, we perpetuate the very problem we seek to address."Natalie McKinney
In a recent piece, Marlena Little, an obviously dedicated teacher, cites Superintendent Hopson’s primary drive for grade floors as a desire to avoid “creat[ing] kids who don’t have hope.” I am not without empathy for the toll failing a course may take on a student. But this sentiment focuses on the social-emotional learning aspect of our students’ education only.

Learning a subject builds knowledge. Obtaining an unearned grade only provides a misleading indication of a child’s growth.

This matters because our students depend on us to ensure they will be prepared for opportunities after high school. To do this, our students must possess, at the very least, a foundation in reading, writing and arithmetic. If we mask real academic issues with grade floors year after year, we risk missing a chance to hold everyone — community, parents, the school board, district administration, school leaders, teachers, and students — accountable for rectifying the issue. It also may mean our students will be unable to find employment providing living wages, resulting in the perpetuation of generational poverty.

An accurate grade helps the teacher, parents, and district appropriately respond to the needs of the student. And true compassion lies in how we respond to a student’s F. It should act as an alarm, triggering access to additional work, other intervention from the teacher or school, or the use of a grade recovery program.

Ms. Little also illustrates how important it is to have a shared understanding about what grades should mean. If the fifth-grade boy she refers to who demonstrates mastery of a subject orally but has a problem demonstrating that in a written format, why should he earn a zero (or near-zero) in the class? If we agree that grades should provide an indicator of how well a student knows the subject at hand, I would argue that that fifth-grade boy should earn a passing grade. He knows the work! We don’t need grade floors in that case — we need different ideas about grades themselves.

We should also reconsider the idea that an F is an F. It is not. A zero indicates that the student did not understand any of the work or the student did not do any of the work. A 50 percent could indicate that the student understood the information half the time. That is a distinction with a difference.

Where should we go from here? I have a few ideas, and welcome more:

  1. In the short term, utilize the grade recovery rules that allow a student to use the nine weeks after receiving a failing grade to demonstrate their mastery of a subject — or “personal best” — through monitored and documented additional work.
  2. In the intermediate term, create or allow teachers to create alternative assessments like those used with students with disabilities to accommodate different ways of demonstrating mastery of a subject.
  3. In the long term, in the absence of additional money for the district, redeploy resources in a coordinated and strategic way to help families and teachers support student learning. Invest in the development of a rich, substantive core curriculum and give teachers the training and collaboration time they need.

I, like Ms. Little, do not have all the answers. This is work that requires our collective brilliance and commitment for the sake of our children.

Natalie McKinney is the executive director of Whole Child Strategies, Inc., a Memphis-based nonprofit that provides funding and support for community-driven solutions for addressing attendance and discipline issues that hinder academic success. She previously served as the director of policy for both Shelby County Schools and legacy Memphis City Schools.

First Person

A Chalkbeat roundtable: The promise and perils of charter networks like Success Academy

When we published an essay about the promise and perils of charter schools by our CEO and editor in chief Elizabeth Green last month, we heard from a lot of readers.

Elizabeth’s piece outlined her conclusions after more than a decade of reporting about charter school networks, and more specifically the Success Academy network in New York City. She wrote that charter school networks offer both great advantages — in their ability to provide rare coherence in what is taught across classrooms — and significant danger. Charter networks, she wrote, have changed public education by “extracting it from democracy as we know it.”

Some of our readers saw their own thinking reflected in her conclusions. Others had a very different take.

What was clear was that Elizabeth had kicked off a conversation that many Chalkbeat readers are ready to have, and that, as always, robust and respectful debate is good for everyone’s thinking.

So we reached out to people who engage with big questions about how schools are structured every single day, in their work or personal lives. Today, we’re sharing what they had to say. But we think this is far from the end of the conversation. If you want to add your voice, let us know.

 
 

 

Charter networks’ needs and goals may not be the community’s

By Tim Ware, former executive director of the Achievement Schools managed by the Tennessee Department of Education and founder of Ware Consulting Group

As the founder and former executive director of a high performing public charter middle school in Memphis, Tennessee, I am a firm believer in the promise of well-run charter schools. I also understand the limits of these schools.

A key aspect of public charter legislation is autonomy. This means that public charters decide how to staff their schools, which curriculum to use, how to allocate resources for student support, and how their daily and summer schedules work. However, this legislated autonomy creates issues that thoughtful policymakers need to address.

For instance, in Memphis, a high-performing public charter network began operating a chronically underperforming middle school as a part of a turnaround intervention effort. Despite significant improvements in learning and school culture, as well as the support of the community, the school grappled with dwindling enrollment and suffocating building maintenance costs. Fewer dollars were available to invest in high quality teaching and learning, social-emotional supports, and extracurricular activities. Ultimately, the charter operator made the difficult decision to cease operating the school.

This example illustrates the limits of public charter schools. The same autonomy that allowed them to create an approach that drove improvement for children also allowed them to decide that they could no longer operate the school. This means that, as long as autonomy exists for public charter schools (and it should), we cannot eliminate traditional districts.

The solution for historically underserved communities will be found by creating strong ecosystems of education. These ecosystems should consist of a healthy mix of traditional schools, optional schools (schools with competitive entry requirements), magnet schools, public charter schools, and private schools. By ensuring that multiple types of schools flourish and are accessible to all, parents will be able to make informed choices and select a school which best meets the needs of their most precious belonging — their child.

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Focusing on charter networks is a mistake. Districts have the same potential

By Josh Thomases, dean of innovation, policy, and research at Bank Street College of Education

Elizabeth Green’s article on Eva Moskowitz misses one important detail – districts have successfully scaled change for students. In this era of attacks on government, it is worth looking closer.

The hundreds of new small high schools opened in New York City between 2000 and 2012 transformed thousands of lives. The research firm MDRC documented that impact, showing a 9.4 percent increased graduation rate and an 8 percent increase in college attendance. Notably, this increase was driven by success with groups that school systems often fail: poorer students, black students, and students with disabilities.

This extraordinary effort happened with district educators and unions, public resources and processes.

I saw this reform inside and out. I helped create a small school in the 1990s and was part of community protests against some of the initial school closures under Chancellor Joel Klein. And, in 2004, I became responsible for the development and support of new schools within the education department.

The new schools work was an example of democracy in action – with all its imperfections. There were legendary protests against the Department of Education and arguments over race, equity and power. And through all of that, the process transformed schools.

Why the success?

  1. The point was to improve teaching and learning. Everything was looked at through this lens.
  2. Educators were the agents of change. The new schools process challenged principals, teachers, community members and parents to reimagine school.
  3. External partners multiplied the power of the changes. These included school development organizations (such as New Visions and CUNY) and local partners ranging from the Brooklyn Cyclones and South Bronx Churches. For the first six years of the reform, the unions were a partner, too.
  4. The district shifted authority towards the principal and school based staff in key areas: hiring, scheduling, budgets, and curriculum.

This is not a story of perfect success; as a district, we made mistakes and they were debated publicly. But the results show that districts can take bold action to change what is happening in schools.

Charters in New York have also demonstrated they can make an important contribution to a district. The task ahead is not to forego government, but to activate its strengths.

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Charter networks are a laboratory for consistent and high-quality instruction

By Seneca Rosenberg, chief academic officer at Valor Collegiate Academies in Nashville, Tennessee

My first year in the classroom, I desperately wanted to be the teacher my fourth graders deserved. A diligent student, I carefully examined California’s standards, the curriculum my district had adopted, new research, and popular trade books. I quickly saw that the approaches they outlined — for how to teach reading, for example — were often in direct conflict.

Veteran teachers advised: have your students fill out the mandated worksheets to avoid scrutiny, then close your door and teach as you want. This would have been good advice if only I had known what to do behind that door to help my students to learn.

Now, as chief academic officer of Valor Collegiate Academies, a small charter school network in Nashville, I reflect daily on how our autonomy and network structure provide crucial, and often unremarked upon, resources for developing coherent systems of teaching and learning.

Like other charter networks, Valor has the flexibility to set our educational vision and then organize our own curriculum, assessments, hiring policies, student and teacher schedules, and culture to realize it. Many of our teachers and school leaders report that our shared systems, while demanding, buffer them from some of the stress that comes with making sense of dissonant policies and practices they more regularly encountered in traditional public schools.

Even more importantly, our infrastructure provides our teachers and leaders with a common framework around which expertise can be developed, shared, and improved.

For example, at Valor, our teaching teams meet frequently to study and plan from our students’ work. We have shared protocols for data analysis and teacher coaching. Each piece has been intentionally developed as part of a system. As a result, teachers have opportunities to learn that far exceed anything I had access to as a teacher — and our students benefit.

I share some of Elizabeth Green’s ambivalence about the potential impact of the rise of charters nationally, though she inflates the extent to which charters “extract” public education from democratic control — at least in states in which authorizing laws are well crafted. I am also skeptical of Moskowitz’s suggestion that perhaps “a public school system consisting principally of charter schools would be an improvement.”

But charter networks’ unique conditions do provide a useful laboratory. Critics who dismiss our high-performing charter networks’ many successes risk missing what we are learning from this critical innovation — coherent instructional systems — and how that might contribute to new possibilities for American education.

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In my city, no schools have it figured out

By Bernita Bradley, parent advocate and blogger at Detroit School Talk (and a Chalkbeat Reader Advisory Board Member)

Take all kids out of charter schools, they say. Close them down and require those students to attend their closest public school, no matter how far, how full the classrooms, and how low-performing. Hop on a bus more than 25 minutes to attend the closest high school near you and sit at the back of the class on the floor. After all, public schools were perfect before charter schools came along, and in order for them to be perfect again, we need everyone on board.

Don’t talk bad about public schools, they say. Don’t draw attention to the fact that we are still figuring out how to improve public schools and need your help. The city of Detroit must unite, be of one mind, and let all charter school leaders know that we are only supporting traditional public schools.

These arguments won’t work. I fight for quality public schools and fought for us to not lose more of them. However, if you strip parents of choice, you prove that you are not committed to providing children with what they need.

To be clear, I am an advocate for both sides. Parents don’t care about this war — we just want good schools that will educate all children equally. Can we have that conversation?

Let’s tell the truth about how, here in Detroit, both sides cherry-pick students and “counsel out” parents. Public schools just suspend students indefinitely until parents leave to find a charter school. Let’s tell the truth about how teaching to the test has affected both charter and public school teachers’ ability to make sure student academic growth is more robust.

Both sides could do better. My children have attended both kinds of schools. I’ve bused my kids 15 miles away. I’ve sent my kids to the top charter and public schools in the city. And no one — including charter schools — has this figured out.

I can’t think of a person would say they are totally happy with their child’s educational experience here in Detroit. We have come to the point where, while we’ve made friends in both charters and public schools, this is a journey full of struggles and broken promises that we would not wish on any parent.

Believe me, if we had our way there would be no need to choose. The school on the corner would be full and alive with students, parents, and teachers who have one common goal, to educate all kids.

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The rise of networks hurts the charter movement

By Steve Zimmerman, Coalition of Community Charter Schools

In the ongoing saga of Eva Moskowitz and her war against the the educational status quo, two key issues are overlooked. The first is that the rise of Success Academy has come at significant cost to the charter school movement and the democratic values that were at its genesis.

The rigidly top-down managerial approach of the Success network is the antithesis of the original idea of chartering: to free schools from district-imposed conformity so they have autonomy to innovate. There is no autonomy or innovation in a franchise. Franchisees follow the script.

The second issue is that Success Academy schools, for all intents and purposes, turn teachers into technicians. They are trained in a rigid model of classroom management with a relentless focus on student outcomes. As Elizabeth Green and others point out, the effectiveness of this system, at least in terms of test scores, is well documented and ostensibly justifies the orthodoxy of “no excuses” education reform.

Relentlessness, however, comes at a cost. Just as legendary as its record-high test scores is Success Academy’s teacher attrition. Success Academy appears to welcome an increasing number of bright young people to learn and execute the scripts, and then watch as they move on to their real careers after they burn out in three years. The consequences of this trend are chilling to imagine.

If we believe the purpose of public education to be the development of exceptional test takers, then Eva Moskowitz has clearly pointed the way to the promised land. If, however, we believe the purpose is the betterment of society and the development of the whole child, there are better models to emulate.

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Coherence is important, but charter networks aren’t necessary to achieve it

Andy Snyder, social studies teacher at Harvest Collegiate High School in New York City

Who should decide what students learn in school? Families or individual teachers? District and charter school leaders, elected officials, or panels of professors?

Elizabeth Green’s recent essay focuses our attention on this huge question. She points out that many other countries provide “a clear sense of what students need to learn, the basic materials necessary to help them learn it (such as a curriculum).” And she argues that some charter school networks, enabled by their anti-democratic powers, are developing coherent and meaningful ideas of what to prioritize and how to teach it well.

When I began student teaching, I was shown stacks of textbooks and boxes of transparencies, quizzes, tests, homework — corporate-branded, filled with facts, empty of meaning. I switched to another mentor and recreated the trial of John Brown. Later I left one innovative public school where administrators were attempting to bend my courses into more traditional shapes for another where the interview includes, “Describe a dream course that you would love to teach” and where we teach those courses every day.

But I’ve seen in Germany the effects of a thoughtful curriculum — classes connect between disciplines and spiral powerfully between grades, and teachers adapt rather than invent.  Improvised individual efforts often produce a worse result than a strong system. That’s why I commute in New York by subway, not bicycle.

The systemic approach can break down too. Today we curse the defunding of our transit agency, and we saw what happened to the Common Core. How can charter schools develop truly excellent curriculum when their priority seems to be preparing students to win against bad bubble tests?

Students, no matter what kind of school they attend, deserve lessons crafted by well-trained practitioners who draw from the best ideas of the profession.

In the best future I can imagine, each school or district adapts curriculum from one of several coherent curriculum packages developed over years with millions of dollars and genius and honest sweat. Teachers trained in that tradition lead students in cultivating the deep questions and necessary knowledge, and students graduate with a sense of how it all adds up and what they can bring with them into the world.

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