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LAW WISE    

February 2005

Greetings from the Kansas Supreme Court and the Kansas Bar Association. This is the first edition of Law Wise for 2005. Given the new year, we will use this issue to help students understand laws that affect them, generally explaining their rights upon exiting high school, and specifically discussing the legal jargon surrounding divorce and child custody. While this might not be a light topic, students often ask questions about these issues, and so we want to provide them with the knowledge to understand the basics. We will also use this issue to explain the adopted Kansas standards and how we hope to use them to make implementing our lesson plans into your curriculum easier.

• Calendar of Events
• Kansas Curricular Standards
• Rights and Responsibilities Publications Available
• Peer Mediation and Youth Court Grants Available
• Bill of Rights Writing Contest
• Lesson Plan #1: Into Custody and Out of State: Examining Child Custody and Parent Relocation
• Technology for Teachers
• Resources at the Law-Related Education Inventory
• Lesson Plan #2: Mediation and the Adversary Process
• The Law in Kansas: Divorce & Child Custody

Calendar of Events

Kansas Curricular Standards for History-Government, Economics and Geography Approved by Lynn Stanley, Social Studies Consultant, Kansas Department of Education The State Board of Education, by 9-1 vote, approved the Kansas Curricular Standards for History-Government, Economics, and Geography at December’s board meeting. The curricular standards for social studies is the guiding document used as the body of knowledge the state expects students to learn upon graduating from a K-12 experience in Kansas schools. Locally, this document serves three primary roles: 1) districts use the standards to align local curriculum; 2) guidance for staff development for teachers; and 3) preparing for the state social studies assessment that takes place at grades 6, 8, and high school. The standards also provide teachers with instructional suggestions and resources in teaching specific indicators or objectives. Last fall, the LRE Committee met with Lynn Stanley, the state social studies coordinator, to review the integrity of the civics-government content within the standards and to provide additional resources for instructional suggestions. Some of the new civics-government additions to the standards ask Kansas students to understand Kansas court structure, understand juvenile law, analyze the limits of civil disobedience, and engage in the community and state as active, participatory citizens. In the standards document, which can be found at www.ksde.org, teaching tools such as “You and the Courts of Kansas," can be found within the instructional suggestion column of the document. Teachers will be able to hyperlink directly to the Web page on which the pamphlet is published. Other references to LRE materials can be found throughout the standards.

Rights and Responsibilities Publications Available for Students

On Your Own: A guide to your legal rights and responsibilities as an adult
On Your Own is a booklet published by the Kansas Bar Association and is intended to give general information on a few areas of the law that impact a young person setting out on their own. The main topics include alcoholic beverages, on the road, on the job, domestic relations, renting and leasing, credit where credit is due, smart buying, consumer problems, climbing the complaint ladder, seeking legal representation, voting and public services, and if you are arrested.

For the Record: A guide to your rights and responsibilities as a young adult
For the Record was produced by the KBA’s Public Information Committee in cooperation with the Kansas Supreme Court. It is 10 pages long and includes the following main topics: Family, If I’m in trouble …, Am I old enough to …, and School. These main topics are then broken into several subparts with one to two paragraphs of general explanations of each one.

These publications can be found in their entirety on the Kansas Bar Association Web site. Go to www.ksbar.org, click on Public Resources, and then Public Information Pamphlets.

Peer Mediation and Youth Court Grants Available

The Kansas Bar Association, with funding from the Kansas Bar Foundation, is making available grant funds to be used by schools in developing peer mediation and youth court programs. The $500 grants can be used to produce seminars, hire consultants, and/or pay for supplies, or other expenses associated with starting or continuing a program.

Peer mediation programs are defined as programs, which are developed to reduce in-school conflicts between students by using students to mediate the disputes. Youth courts are programs that use students in youth court settings to hear minor violations and to decide on appropriate disciplines.

Applications for grant funds should be in letter format and should include the following information:

• the statement of need;
• the goals of the project;
• the methods of accomplishing the goals; and
• a short budget as to how the funds will be used.

The deadline to submit grant applications is April 8, 2005. If you receive a grant, your school/organization will be required to forward any evaluation information resulting from the conflict resolution program to the KBA. This detailed information will help continue the funding of conflict resolution programs.

If you have any questions or wish to submit an application, contact Janessa Akin at the Kansas Bar Association, (785) 234-5696, P.O. Box 1037, Topeka, KS 66601-1037 or by email at jakin@ksbar.org.

Bill of Rights Writing Contest

Fifth grade students throughout Kansas are invited to participate in the second annual writing contest on the United State Bill of Rights. Either prose or poetry is accepted. Guidelines and judging are based on Kansas standards in social studies and language arts. The Kansas Press Association coordinates the judging. Entry deadline is March 11, 2005. For more information, visit KTWU’s Web site at ktwu.washburn.edu and click on “education resources,” then “Bill of Rights.”

If you have any questions, contact Melissa P. Masoner, M.Ed., at (785) 478-4992 or by e-mail at mmasoner@carrollsweb.com.

Lesson Plan #1:  
Into Custody and Out of State:
Examining Child Custody and Parent Relocation

By: Annissa Hambouz, The New York Times Learning Network and Tanya Yasmin Chin, The Bank Street College of Education in New York City

Grade Level: 6-8, 9-12

Overview of Lesson Plan: In this lesson, students examine the question of relocation in child custody litigation. In groups, they then discuss and present potential problems and solutions for the different parties involved in child custody when one parent decides to move.

Suggested Time Allowance: 1 hour

Objectives: Students will:

1. Consider the effects of divorce and relocation on all parties involved.
2. Learn about the role of relocation in custody litigation by reading and discussing the article “Divorced Parents Move, and Custody Gets Trickier.” (Article may be accessed at www.nytimes.com/learning/teachers/featured_articles/20040809monday.html).
3. In groups, consider the effects of relocation on the various parties involved in child custody; brainstorm problems and solutions related relocation and child custody.
4. Create a visual representation of their group’s best possible solution.
5. Write a journal entry on the impact relocation might have on their lives.

Resources/Materials:
-pens/pencils
-paper
-student journals
-copies of the article “Divorced Parents Move, and Custody Gets Trickier” (one per student)
-six slips of paper
-computers with Internet access (optional)

Activities/Procedures:

1. WARM-UP/DO-NOW: Ask students to respond to the following prompts, written on the board prior to class: “What are some of the effects of divorce on parents and children? What problems might arise for parents and children if a divorced parent decides to move to a different city or state?” Allow students several minutes to write, and then ask them to share their responses with the class.
2. As a class, read and discuss the article “Divorced Parents Move, and Custody Gets Trickier,” using the following questions:

   a. What problem does Jacqueline Scott Sheid face, and how has she managed it?

   b. According to Ms. Sheid, what role has the New York court system played in her dilemma?

   c. What, according to the article, is the “most contentious and fastest-growing kind of custody litigation?”

   d. Who is Judith S. Wallerstein, and what is her position on the relocation debate?

   e. Who is David L. Levy, and what is his position?

   f. How does the number of noncustodial mothers differ from the number of noncustodial fathers?

   g. According to the article, how and why have judges and legislators changed their position on custody and relocation?

   h. Why might some mothers with physical custody of their children “feel trapped,” according to the article?

   i. What evidence does the article offer of the United States being “a highly mobile society?”

   j. What factors do judges in relocation cases consider before making their decisions?

   k. How does a noncustodial parent’s right to move differ from a custodial parent’s?

   l. What was the California Supreme Court decision in the LaMusga relocation case?

   m. What were some of the arguments used to support each side in this case, according to the article?

   n. How might the United States Supreme Court become involved in relocation debate?

   o. What criterion must a relocating custodial parent meet in order to argue for a move under the Colorado State Court of Appeals?

   p. Who is Michelle A. Ciesluk, and how has she been affected by Colorado custody legislation?

   q. What are “best interest” analyses?

   r. Aside from Colorado, which other state is mentioned in the article as a “best interests” state?

3. Divide the class into six groups. Once students are arranged in their groups, hand each group a slip of paper with one of the following six situations (prepared ahead of class period):
   – custodial parent who decides to relocate to another state
   – noncustodial parent who remains in state after ex-spouse and child have moved child whose custodial parent relocates to another state
   – custodial parent who is offered work out of state but will lose custody if he or she moves
   – noncustodial parent who decides to relocate to another state
   – child whose custodial parent will lose custody if he or she takes an out-of-state job opportunity
   After each group has received its case, ask students to brainstorm three potential problems their character might face, as well as three potential solutions to these problems. Allow groups up to 15 minutes to brainstorm these problems and solutions, then ask them to choose their most challenging problem and best possible solution and then present them to the whole class.
   
4. WRAP-UP/HOMEWORK: After they have presented their situations with corresponding problems and solutions in class, each group creates a visual representation of its best possible solution. For example, a custodial parent who relocates to another state might develop a “relocation packet” for his or her child, with tips on how to adjust to a new school and a guide to local entertainment and activities for kids. A child who has moved with the custodial parent might create a “blog,” or Web-based diary, on which he or she posts daily accounts of activities and experiences to keep in touch with the noncustodial parent. As a follow-up assignment, have students write a journal entry recording their own thoughts on relocation. How might a move out of state affect their lives right now? Which aspects of their lives would change? Which might stay the same?

Further Questions for Discussion:
– What criteria do you think judges should use in ruling on relocation in child custody cases?
– Do you think that children of divorced parents should be allowed to decide with which parent they would like to reside? If so, at what age? If not, why?
– Based on what you read in the article, with whose legal position do you think you would agree the most, David J. Levy’s or Judith S. Wallerstein’s, and why?
– Why do you think the United States has such a “mobile” society?
– How many times have you moved in your life? What were your experiences moving to a new town or state?

Evaluation/Assessment:
Students will be evaluated based on written and verbal responses to warm-up exercise, participation in group discussion, presentation, creation of a visual representation of best possible solution, and thoughtfully written journal entry.

Extension Activities:

1. The article mentions the California State Supreme Court, the Colorado State Court of Appeals, and even the United States Supreme Court. How might a custody case make it from a county court all the way to the highest court in the land? Make a chart in which you trace a case from local court to state court to the federal court system.
2. The article uses terms such as “physical custody” and “amicus briefs.” How might you explain these concepts to a small child? Create a guide to legal terminology for children of divorce.

This article and lesson plan was printed in the New York Times on Aug. 9, 2004. The lesson plan can be accessed at www.nytimes.com/learning/teachers/lessons/20040809monday.html and the article can be found at www.nytimes.com/learning/teachers/featured_articles/20040809monday.html.

   Terrific Technology for Teachers

1. The Kansas Bar Association (KBA) has public resources on its Web site, including the publications For the Record and On Your Own discussed above, as well as many others. Go to www.ksbar.org/public/public_resources/index.shtml for more information.
2. The Kansas Judicial Branch Web site located at www.kscourts.org has several good resources, including information about each level of the court, the current applicable rules and, of interest in this issue, the district court rules and child support guidelines used in Kansas courts regarding child custody and support.

PRESIDENT’S DAY: While President’s Day was not the topic of this issue, the following is a good Web site for materials about President’s Day for your classroom: www.education-world.com/a_special/presidents_day.shtml.

Resources at the Law-Related Education Inventory

The Law-Related Education Inventory has the following items, which might be useful in working with students to learn about the legal process:

1. The Legal Process: A Teen’s Experience. This filmstrip is geared for high school students and consists of four color filmstrips and four cassettes. Library number 349.73/J2451.
2. Youth and the Law. This filmstrip is designed for high school students including a section on minors and family law, and legal contracts and torts. Library number 340.07/B387y.
3. Law Poster Set. Aset of 10 color posters with cartoons depicting relevant legal terminology, basic law, etc., and include, among others, Consumer Law and Family Law. Library Number 347.731/Z18.

The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog, call Janessa Akin at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu/.

Lesson Plan #2:  
Mediation and the Adversary Process

Grade Level: 4-6

Editor’s note: This lesson plan is not directly about divorce or child custody, but mediation is often used in divorce and child custody situations to resolve issues in a less adversarial setting.

It’s important both to protect the best interests of children in conflict situations and to educate youngsters about how they too can resolve conflicts peacefully. Here is a quick, one-day lesson designed to introduce upper elementary students to nonadversial methods of conflict resolution.

Overview of Lesson Plan: In this lesson, students will assess, from various perspectives, the United States Supreme Court ruling to stay the recount of Florida votes in the 2000 presidential election.

Suggested Time Allowance: 1 hour

The Case
Plaintiff: Tony
Defendant: Jody
Jody was sick and wouldn’t go on her paper route, so she asked Tony to do it for her. She agreed to pay him $2. Tony delivered the papers, but didn’t put plastic bags on them. It rained and the papers were ruined. Jody refused to pay Tony the $2.

Adversarial Action
Explain to students that they will experience two different methods of resolving disputes: the adversarial process of the court, and the mediation process, that takes place in neighborhood justice centers in cities throughout the country. Divide the class into groups. Explain that the groups will first role play a case using the adversary model. One person in each group should play the plaintiff, a second the defendant, and a third the judge. Explain the court procedure as follows:

1. Judge asks plaintiff to give his side of the story.
2. Defendant then gives his side of the story.
3. Judge can ask questions, during and/or after hearing from the parties.
4. Judge makes a decision and delivers it.

Conduct simultaneous role plays. They should last about 10 minutes. Then with the entire group ask the following questions:

1. Was the role of judge difficult? What did they like or dislike about being judges?
2. Did the plaintiff and defendant think they were treated fairly? How did they feel about the judge’s decision?

Mediation in Action
Explain that students will next mediate the same case. Allow at least 15 minutes for this role play. The judge will become the mediator, and plaintiff and defendant will now be called the disputants. Have the plaintiff and defendant switch roles from the first role play. Explain that the mediator does not make a decision in the case. His/her role is to help the disputants reach an agreement. This procedure is as follows:

1. Mediator explains that in mediation the two parties will make their own agreement. They must not interrupt each other. If the need arises, the mediator will talk to each part separately.
2. The mediator asks each disputant to define the problem as he or she sees it and express feelings about it.
3. Each disputant defines the problem and expresses feelings about it.
4. The mediator restates views of both disputants. The mediator asks questions to clarify issues.
5. The mediator asks disputant #1 if he or she has a proposed solution for the problem. The mediator then asks disputant #2 if he or she agrees. If not, the mediator asks disputant #2 for a proposed solution and asks disputant #1 if he/she agrees.
6. If there is an agreement, the mediator restates the agreement to make sure both disputants approve.
7. If no agreement is reached, the mediator talks to each disputant separately, asking each how he or she is willing to solve the problem. Then the mediator brings them together and asks them to offer their solutions. The mediator will repeat step six if an agreement is reached.

Making Comparisons
After the allotted time, bring the class back together and debrief with the following questions.

1. How did being a mediator compare with being a judge? Was it easier or more difficult?
2. Did disputants think they were treated fairly? How did they feel about the process?
3. Was a solution reached? How did it compare to the judge’s decision?
4. What are the advantages and disadvantages of each method of dispute resolution? What kinds of conflicts are best suited for each method?

This lesson plan was written by Melinda Smith, director of the New Mexico Center for Dispute Resolution. It is adapted from the ABA publication Sure Fire Presentations and can be found at www.abanet.org/publiced/lawday/schools/lessons/46_mediation.html.

Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Crystal Marietta, Pittsburg, (620) 231-5620.

For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Janessa Akin, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696.

Law Wise is printed at the Kansas Bar Association, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.