Chapter 11: The Instructional Program and School Attendance I. Control of Public Schools A. The Tenth Amendment essentially places the responsibility on each state to provide free public school B. Each state constitution places the responsibility on its legislature to provide schooling for all children within the state at public expense II. Compulsory Attendance A. State requires children from ages 6/7 - 16/17 to attend some kind of schooling 1. Compulsory Attendance Exceptions a) Some religious beliefs require kids to stay home after the 8th grade b) Married students who are emancipated 2. Truancy - when a student has unexcused absent from school 3. Home School - requirements must be met by parents offering home instruction are prescribed by state statute or state board of education policies 4. Charter Schools - public schools that are formed from a contract with a state agency or local school board according to the US Department of Education a) Relieved of rules and regulations that govern public schools III. School Vouchers -allow parents to support their child's private school education-- funds generally parallel the amount allocated to public schools for that childs education A. Pros: 1. Increased accountability for public schools 2. Parents have a right to decide where their student goes to school B. Cons: 1. Draws resources from public schools 2. Some argue that it violates the establishment clause IV. Health Requirements -schools are able to required medical examinations and immunizations. Religious exemptions may be given, but courts have typically help with school districts when they did not believe they were genuine V. Residence A. Districts are required to educate students who reside within the districts boundaries B. Residence is generally defined by where the legal guardian resides C. Residence can also be defined by physical presence of the child and the intention to remain in the district (e.g. living with grandparents who are not legal guardians) VI. Curriculum Standards A. State policy determines the minimum achievement standards for certain courses 1. School districts can establish their own however they cannot contradict the states. NCLB standards must be met to receive federal funds 2. Courts are reluctant to intervene in matters involving public school curriculum 3. School districts develop a common curriculum VII. Special Interest Groups and Public School Curriculum - special interest groups have the funds to support their causes A. Some textbooks are censored because of these groups B. These groups do not like the idea of witches, teen sex and slavery in the textbooks and the publishers under a deadline usually adhere to them C. The day has long passed when it was just the school board and teachers and school officials making the decisions what to teach our youth 1. Now parents and community leaders help in those decisions 2. Religious preferences are also a big factor in the decision making. School boards now find them in certain dilemma, who do they support D. The school board has been recommended to make policies on how they will receive input from special groups in their communities VIII. No Child Left Behind Act of 2001 (NCLB)--redefined federal governments role in K- 12 education and designed to close achievement gap between disadvantaged and minority students and their peers. NCLB is based on four principles: A. Increased Accountability: strengthens Title I accountability by requiring states to implement statewide accountability systems covering all public schools and students B. More Choices for Parents and Students: increases choices available for parents of students attending Title I schools that fail to meeting state standards C. Greater Flexibility for States, School Districts, and Schools: provides states and school districts with flexibility in use of federal education funds in exchange for strong accountability for results D. Summary and Implications 1. Accountability 2. Participation 3. Adequate Yearly Progress 4. Public School Choice 5. Supplemental Services 6. Unsafe School Choice Option (USCO) 7. Exceptional Students 8. School Improvement 9. Limited English Proficiency Students 10. Assessments 11. Stronger Accountability for Results 12. Proven Education Methods 13. Teacher Quality 14. Qualified Teachers 15. Paraprofessionals 16. Restructuring (Corrective Action) 17. Alternative Governance IX. Intellectual Property and Fair Use A. Copyright Act prohibits unauthorized use of copyrighted material for profit or public display without appropriate payment to or permission from the copyright proprietor B. In education, copies should be reproduced by the specific teacher who intends to use the materials for teaching purposes C. Fair Use of the Copyright Act: 1. The purpose or use relative to whether use is commercial in nature or for nonprofit, educational purposes 2. The nature of the work 3. The amount of material extracted from the work in relation to the work as a whole 4. The impact of the use of the potential market in relation to the value of the copyrighted work D. Teachers are allowed to produce single copies of copyrighted materials only. Multiple copies are not permitted E. Copying Computer Software 1. Teachers should not reproduce copies of software for students from an original program to serve as a backup program 2. Purchased Site Licenses: a) Gives permission to the school district from the software company to make a reasonable number of copies for reproduction for educational purposes X. Use of Internet for Instruction: Students and parents should be required to review and agree on rules governing access and use of the Internet A. School Officials Responsibility 1. Should include procedures for accessing the Internet 2. Should identify resources that are well suited to the schools learning objectives 3. Should clearly communicate by policy which acts are permissible and which are not 4. Should define and communicate to students and parents when violations occur B. Childrens Internet Protection Act: Enacted by Congress at the end of 2000 as part of House Appropriations Bill H.R. 4577 1. Requires schools to adopt an Internet safety policy and install filtering technology if they are to receive certain federal funds 2. Protects children from undesirable content accessed through Internet C. School or District Responsibility 1. Should develop and enforce and acceptable use policy a) Policy should govern all electronic programming by students and employees 2. Should establish process for modifying and filtering system or de- filtering Internet access for students when educationally appropriate D. Teachers Responsibility 1. Select material that is appropriate based on age and maturity of students 2. Select material that is consistent with course objectives 3. Preview material and sites that students are required to access 4. Provide guidance by identifying and listing resources to assist students 5. Monitor content students access on Internet 6. Follow approved procedures when student violations occur E. Parents Responsibility 1. Be aware of guidelines and instructions for student protection while using Internet 2. Instill proper values to their children 3. Instruct their children regarding which materials are acceptable and not acceptable XI. Grading and Academic Requirements A. Student Testing 1. Standardized tests are generally used to determine student competencies 2. State testing has become the norm 3. School districts must meet AYP to keep sanctions from being handed down B. Grade Reductions for Absences 1. Courts will generally support reasonable policies regarding grade reduction for excessive absences if they do not conflict with state statutes 2. Michigan a) Student missed 5 days of school during the first of six grading periods for the school year b) Schools policy states that more than three excused absences the will have to attend after school study sessions c) Failure to comply means that the students grade can result in a reduction d) The courts decision upheld the schools policy C. Grade Reduction for Unexcused Absences 1. Courts have been supportive of schools that penalize students based on truancy or unexcused absences as long as it is not excessive D. Grade Reduction for Academic Misconduct 1. Courts have upheld the rulings for grade reduction based on academic misconduct because the school has the right to maintain order and provide a fair and safe education 2. Schools intentions should be stated in policies and must pertain to school performance 3. Fairfield Community High School court case: a) Two students played an unauthorized guitar solo at a concert against policy and teachers order b) The consequence as stated in the policy would be a grade reduction because the students had to maintain professional conduct c) Court upheld the decision by the school 4. Indiana court case: a) Students grades were reduced by 4% for each day that the student had been suspended for alcohol-related misconduct b) Court stated that the school failed to demonstrate a reasonable relationship between the use of alcohol during school hours and a reduction in grades E. Physical Punishment for Poor Academic Performance 1. Schools have not received support from the courts on this issue 2. Courts feel that it is improper to physically punish a student who is unable to perform academically F. Withholding Diplomas 1. Meeting academic requirements: a) If student meets academic requirements, then a diploma must be given to the student b) A student does not have to participate in the graduation ceremony if the students conduct is not acceptable 2. Does not meet academic requirements: a) Diploma can be withheld if a student does not meet all of the requirements set forth by the school (1) Ex. community service hours