copyright © allyn & bacon 2008 chapter 11 the instructional program this multimedia product and...

Copyright © Allyn & Bacon 2008

Chapter 11 Chapter 11 The Instructional ProgramThe Instructional Program

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public

performance or display, including transmission of any image over a network; preparation of any derivative work, performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.


The legal authority for defining the The legal authority for defining the curriculum of public schools resides curriculum of public schools resides with the legislature. with the legislature.

Based on constitutional provisions in Based on constitutional provisions in a few states, this duty is shared a few states, this duty is shared between the legislature and the state between the legislature and the state board of education. board of education.


The legislature may, at its discretion, The legislature may, at its discretion, prescribe the basic course of study, prescribe the basic course of study, determine testing, and graduation determine testing, and graduation requirements. requirements.

In most cases, state legislatures In most cases, state legislatures delegate curriculum matters to state delegate curriculum matters to state boards of education and most boards of education and most importantly with local school importantly with local school districts. districts.


Compulsory AttendanceCompulsory Attendance

Every state requires children Every state requires children between certain ages, usually 6 or 7 between certain ages, usually 6 or 7 through 16 or 17 years old, to attend through 16 or 17 years old, to attend public, private, or home school.public, private, or home school.


Today, parents who willfully fail to Today, parents who willfully fail to comply with compulsory attendance comply with compulsory attendance laws face criminal charges.laws face criminal charges.


Home SchoolsHome Schools

Virtually every state in the nation Virtually every state in the nation makes provisions for home schooling.makes provisions for home schooling.

Minimum standards for home Minimum standards for home schooling vary among the states schooling vary among the states based on the individual state’s based on the individual state’s compulsory attendance laws.compulsory attendance laws.


Minimal standards for curriculum and Minimal standards for curriculum and instruction, length of instruction instruction, length of instruction time, and the number of days in time, and the number of days in which instruction should be provided which instruction should be provided are generally prescribed by state are generally prescribed by state statute or state board of education statute or state board of education policies.policies.

All such requirements must be met All such requirements must be met by parents offering home instruction.by parents offering home instruction.


Charter SchoolsCharter Schools

Charter schools are public schools Charter schools are public schools that emerge through a contract with that emerge through a contract with a state agency or a local school a state agency or a local school board.board.

The primary advantage of charter The primary advantage of charter schools is autonomy over their schools is autonomy over their operations; they are relieved of rules operations; they are relieved of rules and regulations that govern public and regulations that govern public schools.schools.


In exchange for flexibility, the charter In exchange for flexibility, the charter schools are held accountable for schools are held accountable for achieving outcomes established by achieving outcomes established by the charter, which includes student the charter, which includes student achievement as a primary goal.achievement as a primary goal.


Health RequirementsHealth Requirements

States typically require medical States typically require medical examinations and certain immunizations examinations and certain immunizations as a prerequisite for school admission.as a prerequisite for school admission.

Since the state, through its police powers, Since the state, through its police powers, shares a primary responsibility to protect shares a primary responsibility to protect the health and safety of students enrolled the health and safety of students enrolled in public schools, they have been in public schools, they have been supported by the courts in establishing supported by the courts in establishing health requirements for public school health requirements for public school students.students.


Curriculum StandardsCurriculum Standards

Minimal curriculum standards in Minimal curriculum standards in public schools are established by public schools are established by state statute and policy.state statute and policy.

In almost all cases, certain courses In almost all cases, certain courses and minimum achievement and minimum achievement standards are determined through standards are determined through state policy.state policy.


Local school districts may establish Local school districts may establish other standards so long as they do other standards so long as they do not contradict state requirements.not contradict state requirements.

Generally, courts are very reluctant Generally, courts are very reluctant to intervene in matters involving to intervene in matters involving public school curricula based on the public school curricula based on the view that states retain the authority view that states retain the authority to establish curriculum standards so to establish curriculum standards so long as there is no federal long as there is no federal constitutional infringement involved.constitutional infringement involved.


Generally, courts are very reluctant Generally, courts are very reluctant to intervene in matters involving to intervene in matters involving public school curricula based on the public school curricula based on the view that states retain the authority view that states retain the authority to establish curriculum standards so to establish curriculum standards so long as there is no federal long as there is no federal constitutional infringement involved.constitutional infringement involved.


Teaching the Bible in Public Teaching the Bible in Public SchoolsSchools

The Bible may be taught in public The Bible may be taught in public schools as a part of the school’s schools as a part of the school’s curriculum if it is not associated with curriculum if it is not associated with any form of worship and it is taught any form of worship and it is taught objectively as a part of a secular objectively as a part of a secular program.program.


Intellectual Property and Fair Intellectual Property and Fair UseUse

Intellectual property covers four Intellectual property covers four basic areas: patents, trademarks, basic areas: patents, trademarks, designs, and copyright materials.designs, and copyright materials.

The Copyright Act prohibits The Copyright Act prohibits unauthorized use of copyrighted unauthorized use of copyrighted material for profit or public display material for profit or public display without appropriate payment to or without appropriate payment to or permission from the copyright permission from the copyright proprietor.proprietor.


The Copyright Act specified four The Copyright Act specified four factors that should be used to factors that should be used to determine fair use:determine fair use:

1.1. The purpose or use relative to The purpose or use relative to whether use is commercial in whether use is commercial in nature for non-profit, educational nature for non-profit, educational purposes.purposes.

2.2. The nature of the work.The nature of the work.


3.3. The amount of material extracted The amount of material extracted from the work in relation to the from the work in relation to the work as a whole.work as a whole.

4.4. The impact of the use on the The impact of the use on the potential market in relation to the potential market in relation to the value of the copyrighted work.value of the copyrighted work.


Grading and Academic Grading and Academic RequirementsRequirements

Requirements regarding progress Requirements regarding progress from one grade to another typically from one grade to another typically are not reviewable by the courts are not reviewable by the courts unless there is substantial evidence unless there is substantial evidence of unreasonableness.of unreasonableness.


Student TestingStudent Testing

It is well established that the state It is well established that the state has the authority to promulgate has the authority to promulgate promotion and graduation promotion and graduation requirements.requirements.

Often, standardized tests are used to Often, standardized tests are used to determine student competencies.determine student competencies.

If the measures are reasonable and If the measures are reasonable and nondiscriminatory, they will generally nondiscriminatory, they will generally be supported by the courts.be supported by the courts.


School officials are provided School officials are provided considerable discretion in matters considerable discretion in matters relating to appropriate academic relating to appropriate academic requirements. requirements.

By and large, courts do not feel By and large, courts do not feel equipped to evaluate academic equipped to evaluate academic performance issues.performance issues.


Grade Reductions for AbsencesGrade Reductions for Absences

Excessive absenteeism by students Excessive absenteeism by students poses a challenge for school officials poses a challenge for school officials who often resort to grade reductions who often resort to grade reductions as a means of limiting excessive as a means of limiting excessive absences.absences.

Courts will generally support Courts will generally support reasonable policies regarding grade reasonable policies regarding grade reduction for excessive absences if reduction for excessive absences if they do not conflict with state statute.they do not conflict with state statute.


Grade Reduction for Grade Reduction for Unexcused AbsencesUnexcused Absences

School rules that penalize students School rules that penalize students academically for unexcused academically for unexcused absences, or truancy, are not absences, or truancy, are not uncommon.uncommon.

Courts have been more supportive of Courts have been more supportive of schools on this type of rule than on schools on this type of rule than on one that mandates grade reduction one that mandates grade reduction based on general misconduct.based on general misconduct.


Physical Punishment for Poor Physical Punishment for Poor Academic PerformanceAcademic Performance

Physical punishment of public school Physical punishment of public school students for failure to maintain students for failure to maintain acceptable academic standards has acceptable academic standards has not received support by the courts.not received support by the courts.

Courts have consistently ruled Courts have consistently ruled against school officials for the use of against school officials for the use of physical punishment when the physical punishment when the student’s behavior did not involve student’s behavior did not involve improper conduct.improper conduct.


Withholding DiplomasWithholding Diplomas

School officials are delegated the School officials are delegated the authority to determine when a authority to determine when a student has completed the required student has completed the required curriculum entitling him or her to be curriculum entitling him or her to be awarded a diploma.awarded a diploma.

It is well established that when a It is well established that when a student has met prescribed academic student has met prescribed academic requirements for graduation, he or requirements for graduation, he or she must be awarded a diploma.she must be awarded a diploma.

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