student attendance and instructional program - dr. w.a. kritsonis

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Dr. Wm. A. Kritsonis Public School Law, Due Process, Student Attendance, Environment, Extra Curriculum Activites and the Law, Curriculum Issues and the Law, Copyrights, Diversity, Civil Rights, Punishment

TRANSCRIPT

  • 1. William Allan Kritsonis, PhD Chapter 2: Student Attendance and the Instructional Program

2. Mission of Texas Public Education

    • to ensure that all Texas children have access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic and educational opportunities of our state and nation (TEC 4.00I)

3. Texas Legislatures Objectives for Education

  • Participation of parents as full partners in the educational enterprise
  • Development of full student potential
  • Reduction of the dropout rate to zero
  • A well-balanced curriculum
  • Recruitment and retention of highly qualified personnel
  • Exemplary student performance
  • A safe and disciplined learning environment
  • Use of creative and innovative techniques to improve student learning
  • Implementation of technology
  • Preparation of students to become productive citizens

4. Overview

  • Chapter 2 covers laws governing student attendance and the instructional program including
    • Safe schools
    • Laws involving technology and the internet
    • Librarycensorship
    • Federal copyright law
    • Extracurricular activities
  • The impact of NCLB
  • School programs and the needs of special groups of students

5. Free Public Education Attendance

  • School may not begin before the week in which August 21 falls (TEC 25.0811)
  • Class size may not exceed 22 children for grades K-4
  • Children 5 years old and under 21 on Sept 1 of the school year, are eligible to attend tuition-free schools (TEC 25.001)
  • Children 6 years old to 17 years old are required to attend (TEC 25.085)

6. Impermissible Discrimination in Attendance

  • Effort to eliminate De jure racial segregation began in 1954
  • Based on Fourteenth amendment nor [shall any state] deny to any person within its jurisdiction the equal protection of the laws.
  • Court rulings repeatedly struck down laws that treated people differently solely on the basis of their color or racial heritage
    • Brown v. Board of Education of Topeka-abolished separate but equal discriminatory practices (1954)
  • Legislative backing came in 1964 Civil Rights Act
    • Prohibits discrimination on the basis of race, color or national origin in public education, in any federally assisted program or activity, in public and private employment and in privately owned places of public accommodation.
    • 1968 Courts ruled this law constitutional
    • Result of litigation and legislative actremedial mandates require good faith integration and affirmative action efforts
      • Brown II and Green v. County School Board of New Kent County
  • Federalcourts superviseddistrictsfound to practice de jure racial segregation
  • Ultimate goalis for districts to be declared unitary which is a status denoting the eradication of all aspects of segregated, dual school systems.
  • 1991 US Supreme Court stated that once all vestiges of de jure segregation have been eliminated, federal court supervision may end; this can happen in stages

7. Texas and Desegregation

  • United States v. Texas
    • Statewide school desegregation order
    • Known as Civil order 5281
    • Applies to all districts except those under separate federal court order or those that have been declared unitary
    • Requires integrated bus routes; an end to discrimination in extracurricular activities and use of school facilities; nondiscrimination in personnel decision-making; a prohibition on student enrollment and assignment on the basis of race, color, or national origin; TEA approval of student transfers; nondiscrimination against students on the basis of their first language; and the establishment of complaint procedures.
  • TEA is responsible for enforcing
  • This order remains in effect today.

8. Texas Higher Education

  • Hopewood v. State of Texas (1996)
  • Fourteenth Amendment violation to give preference to African Americans and Mexican Americans in the admissions process at the University of Texas School of Law by lowering the admissions criteria
  • Court allowed other criteria that may correlate to race and ethnicityto be used (1996)
    • Including applicants residence, parents education, and economic and social background
  • Issue of race as an admissions criterion may be used if there is a compelling interest in achieving a diverse student body (2003)
  • Top Ten Percent (1997)-automatic admission to Texas public higher education institutions
    • All high schools must advise students about this ruling

9. Education of Undocumented Children

  • 1982-Texas could not exclude children of undocumented admitted aliens from a tuition free education (Plyer v. Doe)
    • Children could not be held responsible for being in Texas illegally
    • Its better not to promote the creation and perpetuation of a subclass of illiterates within our boundaries (Justice William Brennan)
  • INS Injunction 1992- Violation of 14 thAmendment rights to question persons of Hispanic decent without reasonable cause
  • F-1 visas holders children are allowed a free public education as well (Islam V. Arlington ISD)

10. Impermissible Discrimination Continued

  • School transportation (1988)
    • State of N. Dakota - Districts may charge fee (required under statute) which encouragedschool districts to conserve general revenue funds
    • TEC 11.158 allows fees but schools have to accommodate students who cant afford to pay
    • Public education grant program requires districts to provide transportation to school student is zoned to (TEC 29.203)
  • Section 504 of Title V of the Rehabilitation of Act of 1973
    • Prohibits discrimination against individuals with disabilities in federally assisted public school programs
    • IDEArequires any state receiving financial assistancemust assure a free, appropriate, public education to children with disabilities, and must insure rights are protected
  • Title IX of the 1972 Education Amendments
    • Prohibits intentional discrimination on the basis of sex in programs that receive federal assistance
    • Permits single-sex admissions policies in nonvocational elementary and secondary schools
    • Requires equal opportunities for males and females in athletic activities
    • Allows damage remedies for sexual harassment (Franklin v. Gwinnett County Public Schools)
  • Article I-3a of Texas Constitution is the equal Rights Amendment-equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin

11. Residency and Guardianship

  • Students may attend school in a district on a tuition-free basis if
    • The student and either parent or legal guardianlives in the district; the student (under eighteen) establishes residency in the district apart from the parent or guardian; the student is homeless; the student is a foreign exchange student; the student is eighteen or older and establishes residency in the district); the student is married or has had minority status removed; the student is in foster care (has the right to finish high school attending at the time of placement)
    • Bottom line-students can attend school where they live, separate and apart from their guardians
  • Schools cannot require persons with whom students live to secure legal guardianship. ( Byrd v. Livingston ISD) - 1987
  • TEC 25.002- 30 days to produce students records (immunizations, birth certificate, school records)
  • Attendance at a particular school within a district
    • Citizens for Better Education v. Goose Creek CISD (1986)-districts may re-zone attendance boundaries to improve ethnic balance

12. The Compulsory School Law

  • A person who is at least six years of age and who has not turned 18 shall attend school (TEX 25.085)
    • The student must attend for each day of instruction
    • Currently 180 days and 7 hours per day
  • Exceptions students who are 17 or older and are studying to take the GED; private school and home school students; 16 and under court order to study and take the GED; expelled students;