EDU 655

Chapter 11 Outline

Control of Public Schools (pg. 283)

o The tenth amendment essentially places the responsibility on each state to provide free public
schools.
o Each state constitution places the responsibility to provide schooling for all children within the
state at public expense. The authority for defining the curriculum of public schools resides with
the state legislature.
o In most cases, state legislatures delegate curriculum matters to state boards of education and to
local school districts.
Compulsory Attendance (pg. 284)
o Every state requires children between certain ages, usually six or seven through sixteen or
seventeen, to attend public, private or homeschool. Compulsory attendance laws today are enacted
to ensure that students receive a suitable education.
o US Supreme Court ruled that compulsory attendance statutes need not infringe on ones free
exercise of religion rights. Only students who have strong religious beliefs that conflict with
continuing public school education beyond eighth grade are exempt from the compulsory
attendance mandate.
o Students are truant when they have an unexcused absence from school without parents knowledge
and this poses a significant challenge for all schools. This is why compulsory attendance laws are
in place.
o McKinney-Vento Homeless Assistance Act ensures immediate enrollment and educational stability
for children.
o Some parents elect to provide instruction for their children at home. The requirements to provide
homeschooling varies among states.
o Charter schools are public schools that emerge through a contract with a state agency or local
school board. They get autonomy over their operations.
There is debate as to the actual effectiveness of charter schools.
School Vouchers (pg. 289)
o Vouchers allow parents to use them in support of their childs private school education, in
principal. There is great debate over the use of vouchers.
o In some cases, parents whose child is attending a low performing school are issued vouchers to
allow them freedom to choose a better school.
Health Requirements (pg. 290)
o States typically require medical examinations and certain immunizations as a prerequisite for
school admission.
o Common challenge faced by school districts has involved First Amendment objections by parents
who claimed that mandatory immunization violates their rights to a free exercise of religion.
Courts have been fairly consistent in supporting the state in these matters
Residence (pg. 291)
o Residence is a students actual dwelling place.
o Public schools generally are required to educate students who reside within the districts
boundaries.
o A students domicile (where the student intends to remain indefinitely) follows that of his or her
legal guardian.
Curriculum Standards (pg. 292)
o Minimal curriculum standards in public schools are established by state statute and policy.
o In almost all cases, certain courses and minimum achievement standards are determined through
state policy.
o Local school districts may establish other standards as long as they do not contradict state
requirements.
Title I, Goals 2000, the Educate America Act of 1994, Education for Disabled Students,
NCLB, and now ESEA are state requirements
Common Core Standards (pg. 293)

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Chapter 11 Outline
Designed to provide consistent and focused understanding regarding what students are expected to
learn.
o This awareness ultimately provides guidance for teachers and parents so that they are able to assist
students in acquiring relevant knowledge and skills that will enable them to succeed in college and
their professional careers.
o 47 States are members of the Common Core Standards Initiative.
Special Interest Groups and Public School Curriculum (pg. 293)
o These groups through their advocacy have effectively censored textbook versions of many of the
classical works in public schools across the U.S.
o These groups tend to represent either ultra conservatives or ultra-liberals, and many of these
groups have significant funds to support their cases.
o These groups put extreme pressure on school boards and the National School Board Association
recommends that school boards develop policies on how the board will receive input from special
interest groups in their communities.
No Child Left Behind Act of 2001 (pg. 294)
o Federal Government's way to get more involved in public education.
o Most comprehensive and sweeping act since Elementary and Secondary School act that passed in
1965
Four Principals
Stronger accountability for results
Increased flexibility and local control
Expanded options for parents
An emphasis on teaching methods that have been proven to work
Increased accountability
o Statewide accountability systems
o Annual testing
o Assessment results and state progress including the following
Income, race, ethnicity, disability, and limited english proficiency
Choices for parents and students
o Gives students option to leave one district and attend another better public school
o Students options to receive tutoring and other education services, paid by district
o This will help low achieving schools feel the need to improve and become better
Flexibility for States, School Districts, and Schools
o New life for flexibility for accountability
o Transfer moneys to other programs
Teacher Quality state grants, Educational Technology state grants, Innovative Programs,
and Safe and Drug-Free Schools
Summary and Implications
o Accountability, Students cannot be left behind based on:
Race/Ethnicity, disabilities Limited English Proficiency, Economic Status
o Participation, students with disabilities who take alternative assessments must participate, schools
must have 95% participation rate for all students
o AYP, Same standards apply to all students, separate students into groups to see how progress is
going
o Public school choice, students who attend low achieving schools for 2 or more consecutive years
have the choice to opt to a higher performing school
o Supplemental services, students who attend low achieving schools for 2 or more consecutive years
have the choice to receive supplemental services
o Unsafe school choice, students who attend persistently dangerous schools have the choice to opt to
other districts
School Improvement
o Schools are required to have a plan in place for school improvement if the schools fails to meet
AYP
o

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Chapter 11 Outline

Limited English Proficiency Students

o These students are required to meet all standards and after 2 years in schools have to take tests in
English Language
Assessments
o Alignment with state standards
o Inclusion
o Accommodations
o Annual Assessment of English Proficiency
o Reporting
o Prompt Dissemination of Results
Stronger Accountability for results
o Working to close achievement gap
o Annual report cards of how schools are doing
o Schools that dont meet the standards have to provide
Supplemental services, free tutoring and/or after school assistance
Proven Educational Methods
o NCLB uses scientific methods researched to work, these methods are used to help schools
improve
Teacher Quality
o Teachers are required to be highly qualified in areas of:
English, reading or languages, Math, Science, foreign languages, civics and government,
Economics, the arts history and geography
o Qualified Teachers
Teaching certificate
Academic major or graduate degree in content area
Credits equivalent of academic major (24 hours)
Success in passing test such as Praxis
o Paraprofessionals
Must meet requirements
2 years of higher education
Associate's degree
Test (Parapro ETS)
High school diploma or its equivalent
Translators and parent liaisons
Restructuring
o Make public school choice available
o Make supplemental services available
o Prepare plan to restructure school
Alternative Governance
o Reopen as public charter school
o Replace all or most staff including principal
o Enter into contact with management company
o State take over
o Any other major restructuring plan
NCLB of 2013
o This legislations was passed to help strengthen weak areas of NCLB 2001
o Some areas of focus were:
Summer workshops for teachers
Environmental education
Mentoring and other trainings
Providing information on Environmental educations include outdoor lessons
o Secretary of education to award matching grants to partnerships for:

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Chapter 11 Outline
Achievement standards for environmental education
Bill amends part B (Math and Science)
Training to provide environmental education
Activities that such programs fund at community learning centers
All before and after school programs
Intellectual Property and Fair Use (pg. 300)
o Covers 4 basic areas
Patents, trademarks, designs, and copyright materials
o Copyright and fair use guidelines are extensive and need to be followed
o On pages 301 to 303 are a list of Medium Materials that have copyright and fair use guidelines on
them. Please look over these pages to make sure no infringement is occurring
Use of the Internet for Instruction (pg. 303)
o Filtering software and an Internet safety policy should be used in accordance to the Childrens
Internet Protection Act of 2000. This law includes libraries and schools that receive discounted
rates as part of the E-Rate program or under Title II of the ESEA. However, the courts upheld that
the filtering part of the law is unconstitutional for ONLY libraries due to the First Amendment.
o Schools district should develop and enforce an acceptable use policy for all electronic
programming for employees and students. The school board will not incur liability if the filter
fails. Due process should take place if a student or employee violates the policy in order to be
banned from the Internet.
o Teachers should review websites to determine appropriateness for the students.
Grading and Academic Requirements (pg. 307)
o Requirements regarding students progress from one grade to another are not usually reviewed by
the courts unless there is substantial evidence of unfairness.
o The state has the authority for promotion and graduation requirements.
o Courts do not feel equipped to evaluate academic matters., so they limit themselves to due
process, discriminatory impact, or capricious acts by school officials.
o Many challenges for the court include minimal competency tests. The common challenge is
whether tests are used for tracking and if the test results in discrimination which is a violation of
the Fourteenth Amendment.
o Courts generally support reasonable policies for grade reductions for excessive absences if they
dont conflict with state statutes.
o Schools commonly penalize students academically for unexcused absences or truancy and courts
have been more supportive of schools on this rule.
o Many schools have policies on student academic misconduct. In Dunn and McCullough v.
Fairfield Community High School, the court decided that there was no violation in Illinois law for
the school when the students played their guitars during a band program and failed their class.
o Physical punishment of public school students for academic standards have not been supported by
the courts. One court ruled against physical punishment of a student who did not perform
athletically at a desired level and even though the coach said that the punishment was instructive
and encouragement to others.
o School officials have the authority to determine when a student has met the requirements to
receive a diploma; however, a student can be denied participation in the graduate ceremony if their
conduct deviates from acceptable standards of behavior.
o

N. L. Essex (2012). School Law and the Public Schools: A Practical Guide for Educational Leaders, (6th Edition).
Pearson Education, Inc.