Fair use is the right to use copyrighted material without permission or payment under some circumstances -- especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question -- as it does for certain narrowly defined classroom activities.
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shared by Caroline Bucky-Beaver on 12 Nov 08
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Code of Best Practices in Fair Use for Media Literacy Education - 1 views
wwwdev.ncte.org/...fairusemedialiteracy
medialiteracy bestpractices copyright fairuse 5 principles 2008 digitalcitizenship
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guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
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code of best practices does not tell you the limits of fair use rights. Instead, it describes how those rights should apply in certain recurrent situations.
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Media literacy education distinctively features the analytical attitude that teachers and learners, working together, adopt toward the media objects they study. The foundation of effective media analysis is the recognition that: All media messages are constructed.Each medium has different characteristics and strengths and a unique language of construction.Media messages are produced for particular purposes.All media messages contain embedded values and points of view.People use their individual skills, beliefs and experiences to construct their own meanings from media messages.Media and media messages can influence beliefs, attitudes, values, behaviors, and the democratic process. Making media and sharing it with listeners, readers, and viewers is essential to the development of critical thinking and communication skills. Feedback deepens reflection on one’s own editorial and creative choices and helps students grasp the power of communication.
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Lack of clarity reduces learning and limits the ability to use digital tools. Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.
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Educators and learners in media literacy often make uses of copyrighted materials that stand far outside the marketplace, for instance, in the classroom, at a conference, or within a school-wide or district-wide festival. Such uses, especially when they occur within a restricted-access network, do enjoy certain copyright advantages.
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Law provides copyright protection to creative works in order to foster the creation of culture. Its best known feature is protection of owners’ rights. But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture.
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In reviewing the history of fair use litigation, we find that judges return again and again to two key questions: Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? If the answers to these two questions are "yes," a court is likely to find a use fair. Because that is true, such a use is unlikely to be challenged in the first place.
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Both key questions touch on, among other things, the question of whether the use will cause excessive economic harm to the copyright owner. Courts have told us that copyright owners aren’t entitled to an absolute monopoly over transformative uses of their works.
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Another consideration underlies and influences the way in which these questions are analyzed: whether the user acted reasonably and in good faith, in light of general practice in his or her particular field.
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Through its five principles, this code of best practices identifies five sets of current practices in the use of copyrighted materials in media literacy education to which the doctrine of fair use clearly applies. These practices are associated with K–12 education, higher education, and in classes given by nonprofit organizations. When students or educators use copyrighted materials in their own creative work outside of an educational context, they can rely on fair use guidelines created by other creator groups, including documentary filmmakers and online video producers.
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The principles concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired.
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where a use is fair, it is irrelevant whether the source of the content in question was a recorded over-the-air broadcast, a teacher’s personal copy of a newspaper or a DVD, or a rented or borrowed piece of media. Labels on commercial media products proclaiming that they are “licensed for home [or private or educational or noncommercial] use only” do not affect in any way the educator’s ability to make fair use of the contents—in fact, such legends have no legal effect whatsoever. (If a teacher is using materials subject to a license agreement negotiated by the school or school system, however, she may bebound by the terms of that license.)
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fairness of a use depends, in part, on whether the user tookmore than was needed to accomplish his or her legitimate purpose.
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In materials they wish to share, curriculum developers should beespecially careful to choose illustrations from copyrighted media that are necessaryto meet the educational objectives of the lesson, using only what furthers theeducational goal or purpose for which it is being made.
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Students should be able to understand and demonstrate, in a mannerappropriate to their developmental level, how their use of a copyrighted workrepurposes or transforms the original. For example, students may use copyrightedmusic for a variety of purposes, but cannot rely on fair use when their goal is simplyto establish a mood or convey an emotional tone, or when they employ popular songssimply to exploit their appeal and popularity.
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If student work that incorporates, modifies, and re-presents existingmedia content meets the transformativeness standard, it can be distributed to wideaudiences under the doctrine of fair use.
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Educators and learners in media literacy often make uses of copyrighted works outside the marketplace, for instance in the classroom, a conference, or within a school-wide or district-wide festival. When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine.
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Especially in situations where students wish to share their work more broadly (by distributing it to the public, for example, or including it as part of a personal portfolio), educators should take the opportunity to model the real-world permissions process, with explicit emphasis not only on how that process works, but also on how it affects media making.
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This code of best practices, by contrast, is shaped by educators for educators and the learners they serve, with the help of legal advisors. As an important first step in reclaiming their fair use rights, educators should employ this document to inform their own practices in the classroom and beyond
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MYTH: Fair Use Is Just for Critiques, Commentaries, or Parodies. Truth: Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both. Fair use applies to a wide variety of purposes, not just critical ones. Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a fair use, for example. Indeed, the Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.
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So if work is going to be shared widely, it is good to be able to rely on transformativeness. As the cases show, a transformative new work can be highly commercial in intent and effect and qualify under the fair use doctrine.
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shared by Ben W on 01 Apr 08
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Purposeful Networking | Reflection 2.0 - 0 views
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21st century skills networking social networking technology web 2.0
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Aaron describes how he’s fine with seeing the real side of prospective employees on Facebook profiles and twitterstreams because it gives him a better picture of who people are, but in our opinion and experience, networking is much more than simply posting information about yourself on various sites
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the education profession historically has been a profession of “isolationism” despite recent efforts to establish Professional Learning Communities within schools.
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Networking is extremely powerful for connecting educators and students to professionals outside of education - the challenge in education today is breaking down barriers and allowing students and teachers access to the sites and time in the school day and curriculum
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Nominations Open - The 2012 Edublog Awards are here! | The Edublog Awards - 4 views
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You have until NOvember 26 to nominate for the Edublog awards. There are many who don't care for this awards system because there are many great bloggers, but I think anything that recognizes educational blogging is a good thing. So, nominate away, here is information. Here's the page that tells you how to do this. "The 2012 Edublog Awards are a go! The Edublog Awards is a community based initiative started in 2004 in response to community concerns relating to how schools, districts and educational institutions were blocking access of learner and teacher blog sites for educational purposes. The purpose of the Edublog awards is promote and demonstrate the educational values of these social media. Working together, we create an invaluable resource of the best-of-the-best on the web! How Does It Work? There are 3 parts to the awards: Nominations - NOW through November 26th Voting - TBA The Live Awards Ceremony - TBA"
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Learning, Learning, Learning not Apps, Apps, Apps | dedwards.me - 5 views
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Wise words about the purpose of tablets, ipads, and more from Daniel Edwards @syde06 from the UK. It is about people, pedagogy, and purpose... the apps come later. "The power of learning with new technology lies with the teacher and the ability to choose the appropriate tool for the right intention. Moreover, success directly relates to the relationships between learner and educator, and the learner and learning."
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Welcome to the Reach Out Pro blog - Blame the technology - 6 views
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The purpose of this article is to establish a reasonable level of understanding that there are underlying mental health factors that could possibly cause young people to become either perpetrators or victims of cyber bullying and unwanted sexual solicitation. This is a more constructive view for the purpose of prevention, compared to one that seeks only, to blame technology.
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designmatters » Design Matters :: Dean Shareski - 0 views
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AwesomeStories.com, The Story Place of the Web - 0 views
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AwesomeStories is a gathering place of primary-source information. Its purpose - since the site was first launched in 1999 - is to help educators and individuals find original sources, located at national archives, libraries, universities, and government web sites. Sources held in archives, which document so much important first-hand information, are often not searchable by popular search engines. One needs to search within those institutional sites directly, using specific search phrases not readily discernible to non-scholars. The experience can be frustrating, resulting in researchers leaving sites without finding needed information. AwesomeStories is about primary sources. The stories exist as a way to place original materials in context and to hold those links together in an interesting, cohesive way (thereby encouraging people to look at them). It is a totally different kind of web site in that its purpose is to place primary sources at the forefront - not the opinions of a writer. Its objective is to take a site's users to places where those primary sources are found, and to which the site's users may otherwise not go. The author of each story is listed on the "chapters" page of the story. A link to the author provides more detailed information.
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AJET 19(1) Boyle (2003) - design principles for authoring dynamic, reusable learning ob... - 1 views
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a learning object is defined as any entity, digital or non-digital, that may be used for learning, education or training. IEEE
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learning objects must be developed with potential reuse, and especially repurposing in mind. The principal aim of this paper is to explore and delineate principles underlying authoring for reuse and repurposing.
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This mapping suggests that each learning object should be based on one learning objective or clear learning goal.
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The principle of cohesion, however, indicates that there should be a separate learning object for each type of loop. An immediate advantage is that the tutor can select the order in which these learning objects are combined. A tutor dealing with experienced student may wish to deal with these in sequence; another tutor with a different group of students may intersperse these learning objects with object dealing with other features of the language.
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independently of the other (
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The learning object should, as far as possible, be free standing.
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YES! Can we please apply this to items as simple as Word documents and HTML? It would make things so much easier. This also reminds me of good pedagogical design principles BEFORE we had digital learning -- the same should be true for worksheets, handouts, textbooks, etc. It needs to be able to be changed.
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We must face the challenge of creating learning objects that are cohesive, decoupled and pedagogically rich. This design challenge is associated with the issue of 'repurposability' as we might expect rich learning objects to provide further options for adaptation by local tutors.
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n the Java language
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The project involves intervention in syllabus development, the social organisation of learning and the introduction of new eLearning materials. The eLearning resources are being based on the authoring of rich, reusable learning objects. This development provides the focus for the present discussion.
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The learning objects are being developed both to meet immediate pedagogical needs and to serve this larger goal. This produces extra pressure initially. However, it provides the potential to divide the eventual task among a number of contributing partners, exploiting considerable advantages of scale.
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A key challenge for the project is to resolve the tensions in a creative and productive way.
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A compound object consists of two or more independent learning objects that are linked to create the compound.
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They thus provide a basis for pedagogical richness that fully exploits the opportunities offered by the technology.
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they should be able to reconfigure this to shape their own compound object.
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main types of binding: navigational bindings through URLs and non-URL based content bindings. This design pattern deals with the issue of URL based bindings.
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learning object consists of a core and zero or more expansions. A default object is presented with the core with certain expansions added. These expansions aim to provide added pedagogical value to help in attaining the learning objective.
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the relationship between learning objects and the syllabus, course or other higher organising structure in which they are delivered.
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the syllabus navigation structure operates at a different layer of organisation for the learning object resources
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painful reading with the example of Java - but the point remains that all learning objects should be managed and designed with the purpose of being able to use them in the future in ways that are dynamic and reusable. This means de-coupling them and ensuring they are made of distinct pedagogical units.
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A venture capitalist searches for the purpose of school. Here's what he found. - The Wa... - 7 views
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"The most innovative country on the planet is blowing it. As we move full swing into an era of innovation, the United States should be educating to our creative strengths, but instead we're eroding the very characteristics that will enable our kids to thrive. We're setting kids up for a life without passion, purpose, or meaningful employment. Absent profound change, our country is a decade away from having 50 million chronically-unemployed young adults, adrift in life and awash in debt."
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Fair use and transformativeness: It may shake your world - NeverEndingSearch - Blog on ... - 0 views
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I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
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According to Jaszi, Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised. People can't exercise it in a climate of fear and uncertainty.
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Fair use is a doctrine within copyright law that allows use of copyrighted material for educational purposes without permission from the the owners or creators. It is designed to balance rights of users with the rights of owners by encouraging widespread and flexible use of cultural products for the purposes of education and the advancement of knowledge.
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My new understanding: I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context. Examples of transformativeness might include: using campaign video in a lesson exploring media strategies or rhetoric, using music videos to explore such themes as urban violence, using commercial advertisements to explore messages relating to body image or the various different ways beer makers sell beer, remixing a popular song to create a new artistic expression.
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Long ago, I learned that educational use of media had to pass four tests to be appropriate and fair according to U.S. Code Title 17 107: the purpose and character of the use, including whether the use is commercial or nonprofit the nature of the use the amount of the use the effect of the use on the potential market for the copyrighted work.
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--A Conversation about Media Literacy, Copyright and Fair Use--stirred up more cognitive disonance than I've experienced in years
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the discussion was one of several to be held around the country designed to clear up widespread confusion and to: develop a shared understanding of how copyright and fair use applies to the creative media work that our students create and our own use of copyrighted materials as educators, practitioners, advocates and curriculum developers.
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Jaszi points to Bill Graham Archives vs.Dorling Kindersley (2006) as a clear example of how courts liberally interpret fair use even with a commercial publisher.
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Here's what I think I learned on Friday about fair use: The Multimedia Fair Use Guidelines describe minimum rules for fair use, but were never intended as specific rules or designed to exhaust the universe of educational practice. They were meant as a dynamic, rather than static doctrine, supposed to expand with time, technology, changes in practice. Arbitrary rules regarding proportion or time periods of use (for instance, 30-second or 45-day rules) have no legal status. The fact that permission has been sought but not granted is irrelevant. Permission is not necessary to satisfy fair use. Fair use is fair use without regard to program or platform. What is fair, because it is transformative, is fair regardless of place of use. If a student has repurposed and added value to copyrighted material, she should be able to use it beyond the classroom (on YouTube, for instance) as well as within it. Not every student use of media is fair, but many uses are. One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project. Students need to somehow recreate to add value. Is the music used simply a nice aesthetic addition or does the new use give the piece different meaning? Are students adding value, engaging the music, reflecting, somehow commenting on.the music? Not everything that is rationalized as educationally beneficial is necessarily fair use. For instance, photocopying a text book because it is not affordable is still not fair use.
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Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised. People can't exercise it in a climate of fear and uncertainty
The Squirrel and the Acorns | Author's Purpose - 0 views
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shared by Andrew Williamson on 07 Oct 12
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Why An Unconference? - Meeting Of The Minds Unconference Blog - 13 views
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shared by Dave Truss on 12 Nov 12
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10 Steps: Students Taking Responsibility for their Report Card Marks. - Educate My Mind... - 12 views
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"We must constantly remind ourselves that the ultimate purpose of evaluation is to have students become self evaluating. If students graduate from our schools still dependent upon others to tell them when they are adequate, good, or excellent, then we've missed the whole point of what education is about." - Costa and Kallick (1992)
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Why Mish-Mash is Better Than 1:1 | The Spicy Learning Blog - 7 views
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"In my whole teaching career, I've only had a mish mash of tech. Currently, we don't have a class set of anything, but we do have small sets of different tools. Nevertheless, at any given time, it's possible to be 1:1 on the internet in our room. I prefer teaching with the limitations of no class sets, because it means we're constantly reflecting on the merits of each tool for the given purpose"
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TechSplash 2013 | The University of Virginia's College at Wise - 0 views
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Excited to be in Virginia on July 17 at TechSplash! Hope you'll join us if you're the area. "The purpose of Tech Splash 2013 is to showcase exemplary examples of technology integration in the K12 classroom as well as focus attention on new and emerging technologies. Date: July 18, 2013 8-3:30pm Location: Lebanon High School, Lebanon, Virginia Cost: $25 prepaid, $35 onsite "
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The Gettysburg Address: Literary Nonfiction and the Common Core | Edutopia - 5 views
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A nice reflection on what is happening to reading with Common Core. I find the overemphasis on literary nonfiction problematic, unless, the fact that math and history are primarily nonfiction allows literature to remain 60-70% fiction, however, for those schools who just have "reading" in literature (that would be sad), this is going to have issues. This is a great read. "The CCSS mandates that by the end of high school, 70% of what students read should be informational texts -- specifically, complex and non-narrative literary nonfiction. Furthermore, students should be able to identify central ideas and articulate their development, summarize, analyze, draw inferences, identify an author's purpose, evaluate the effectiveness of rhetorical features, and figure out the meaning of words. In short, the CCSS has reclaimed a technique popular in the 1940s, close reading, or sustained interpretation of, in particular, the wording of a text."
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shared by Vicki Davis on 16 Feb 13
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Don't dis the competition - Home - Doug Johnson's Blue Skunk Blog - 0 views
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Doug Johnson is a great read for his blunt, in your face honesty and his point about how technology companies are trying to differentiate is a great one. I think, however, we should extend this to schools as well. If your school is great, say why, but dissing the competition is no way to compete. If you think your school has no competition, think again. So, read this in light of the arriving and coming competition on the edulandscape and have an honest take on how you should "sell" the virtues of your school. If you can't talk about how great your school is and have to resort to how bad the other one is, prepare for a day when you'll shutter the windows and wonder how they're going to keep the bugs out of your empty building. Wake up and smell the wires burning their way into your student's computers and tablets, great teachers are just a click away and we've all got to learn how to blend and trend our courses, teaching, and to bridge our classrooms to add real value as teachers. It isn't hard as you think but if you just sit and teach like you've always taught, you're setting yourself up for some unpleasant days. You can't do everything but you can do something to improve yourself. Next practices are an important part of your best practice. Always innovate and never settle. Standards are only the beginning, you must have purpose if you're going to be a great teacher. Doug says: "But what I do know that when competitors trash each other, I tend to tune out. And I flat out hate it when I know they are lying - and I will NOT buy from a liar. A salesman recently promoted his video storage service by stating "unlike YouTube, we don't own your movies." That's just not true. (YouTube doesn't own your movies, GoogleApps doesn't own your Docs, CIPA, FERPA, etc. do not ban social media.)"
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Digital Permission Form (1).doc - Google Drive - 8 views
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This permission form has many different tools including weebly, Google dlocs, voicethread, YouTube, Glogster, Xtranormal, Toondoo, and others. I'm not sure that Audacity has to be included as it is a program on the local machine, however. I do like how the teacher asks for permission "I agree to allow my student's work to be used as a positive example of published work for demonstration or promotional purposes." Some parents are afraid their child will be made to look bad in online examples, this covers that concern although it puts the onus on the teacher to make sure he/she vets examples that are published.
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shared by Vicki Davis on 03 Jul 13
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Chemicals found in phones are a no-no for kids - Cincinnati Business Courier - 1 views
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I saw this on Fran Drescher's Twitter account from the Cincinnati Business courier and am quite floored by it. Am I the only one who doesn't know this? How about all of the little kids I see where parents are handing them their ipad and smart phones for play purposes. I jusst need to know more but it is based on a study presented at the Pediatric Academic societies meeting in DC. Of course, they recommend hand washing. But pregnant women should be careful - a 10x increase in maternal PBDE's is associated with a 4 point IQ deficit. Of course, we also have the age old question here of causation or correlation. I do think we need to know more and also if the equipment we're purchasing to use with young children has PBDEs in them. If you know more, please leave comments. It does say that some manufacturers are voluntarily phasing these out. "Small children should not touch electronic items such as TVs, mobile phones, computers and other products, according to University of Cincinnati researchers. Chemicals found in such items and in many other products, including older carpets and furniture, can cause behavioral and cognition problems, they have found."