chapter 2 - william allan kritsonis, lecture notes
TRANSCRIPT
8/20/2019 Chapter 2 - William Allan Kritsonis, Lecture Notes
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Student Attendance
And
The Instructional Program
Chapter 2Public School Law
William Allan Kritsonis,PhD
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:ission Statement !or Te"as#ducation$
The mission of Texas public educationsystem is “to ensure that all Texas
children have access to a qualityeducation that enables them toachieve their potential and fully participate now and in the future inthe social, economics, andeducational opportunities of our stateand nation”
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Te"as Pro%ides that children who are at
least &%e '() *ears old and under twent*+
one on September st o! the school *ear
are eligible to attend school on a tuition
!ree basis-
Attendance:
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ImpermissibleDiscrimination:
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)esidency andGuardianship: nder TE! sec /0.112 students are entitled to attend the
schools in the district on a tuition-free basic under any ofthe followin$ scenarios:
Scenario : The student and either of the student3s parents live in the Scenario 2: +ne of the student3s parents who is a 4oint mana$in$
conservator or sole mana$in$ conservator 5with visitin$ ri$hts6 lives inthe district but the student does not.
Scenario 4$ The student and student3s $uardian or other personhavin$ lawful control of the student under a court order live in the
district. Scenario 0$ The student lives in the district and is youn$er than
ei$hteen and is or has been married or has had his 7her minority statusremoved because the student mana$es his7her own a8airs.
These are some le$al example of establishin$ residency and $uardianship.
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Compulsor* School Law$
The compulsor* law re5uires that a person who isat least si" '1) *ears o! age, or *ounger than si"'1) *ears o! age and has pre%iousl* been enrolledin &rst grade, and who has not turned eighteen
') 6shall attend school7 'T#C sec 2(-8()- The school *ear consists o! 8 da*s o!
instruction, and the school da* shall be !or atleast 3hours-
A student who is se%enteen *ears o! age or older
and has a high school e5ui%alenc* certi&cate orhigh school diploma is e"empted !rom thecompulsor* school law-
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9bsences:
nder sec 2(-8/4 students that have unexcusedvoluntary absences for ten or more days within asix-month period or three or more days or partsof days within a four-week period as specied in
Texas ,amily !ode sec 0(.1;5b65/6. Theattendance ocer is re<uired to le a complainta$ainst the parent in the appropriate court.
,ailure to have the child attend school is a !lass
! misdemeanor. !lass ! misdemeanor carries a maximum =011
ne.
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aintaining a sa!e school#n%ironment:
Maintaining a positive school environment is essential tothe success of a
school.
The term Child is dened in sec. 51.02(2) of the Texas
amil! Code as a person "ho is (#) ten !ears of age orolder and under seventeen and !ears of age$ or (%)seventeen or older and under eighteen and charged"ith$ or found to have engaged in$ delin&uent conductor conduct indicating a need for supervision as a resultof acts committed 'efore 'ecoming seventeen.
TC sec.*.+0+ provides that the criminal la"s of thestate appl! to areas under the ,urisdiction of the school'oard. ach school district has the authorit! to adopttheir o"n safet! rules
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The 2nstructional ro$ram:
There "as a ma,or push in the1-0/s$ "hich focused on improvingstudent learning. Through this
process the school districtsstrengthen their curriculum$measure student achievement$ and'egin to hold school districts andschools accounta'le.
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The )e<uired !urriculum:
Te"as Legislature passed le$islation in(>?( re<uirin$ a well-balancedcurriculum in Texas public school
districts. "ec. /?.112 of Texas Education !ode
re<uires school districts to o8er both afoundation curriculum an enrichment
curriculum. 9oundation Curriculum 'En$lish @an$ua$e artsA mathematicsA scienceA and
social studies6
#nrichment Curriculum ',orei$n @an$ua$esA healthA physical educationA neartsA economicsemphasis on free enterpriseCA career and technolo$yA andtechnolo$y application)
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"tudent 9ssessment:
The le$islature has directed the "tate Board to establisha statewide student knowled$e and skills-basedassessment pro$ramA formally known as the Texas9ssessment %nowled$e and "kills 5T9%"6 is now called
"tate of Texas 9ssessment of 9cademic )eadiness5"T9))6.
The le$islature is phasin$ out the T9%" and replacin$ itwith end-of-course exams in the core sub4ect areas for$rades >-(/.
Each student who fails to perform successfully on a stateassessment instrument in $rades ;-? or an end-of-courseexam shall be provided accelerated instruction in thedecient sub4ect 5TE! DD/?.1/((5a-26A ;>.1/05b-26.
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"chool &istrict9ccountability: TE! ;>.10; directs the commissioner of education to
establish a set of student achievement indicators thatinclude such items as results on state-mandatedassessment instrumentsA results of retestin$ on
assessments re<uired for $raduationA success inmeetin$ the colle$e readiness standardsA drop-outratesA and hi$h school $raduation rates.
"chool districts and individual schools also are heldaccountable to TE9 throu$h accreditation process.
Each year the commissioner shall desi$nate a schooldistrict as accreditedA accredited-warnedA oraccredited-probation after considerin$ the district3sperformance .
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The E8ects of the 'o !hild @eft Behind 9ct
The 'o !hild @eft Behind 9ct 5'!@B6 of /11(was si$ned into law by resident Geor$e *.
Bush in anuary /11/ amendin$ the Elementaryand "econdary Education 9ct of (>0.
The primary $oal of this 9ct was to raisestudent achievement by holdin$ states andschool districts to hi$h standards with strictaccountability re<uirements.
Each state must have a timeline that ensuresall students will meet or exceed the state3s
Fprocient level of academic achievement.
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:emo%al o! ;b.ectionable Librar* andStud* aterials$
2n (>?/ the .". "upreme !ourt armed a lower courtdecision orderin$ a trial to determine why a school boardremoved controversial books from the 4unior and seniorhi$h school libraries 5Board of Education of Island Trees
v. ico!. The .". !ourt of 9ppeals for the ,ifth !ircuit had an
opportunity in (>>0 to apply the ico rulin$ to a@ouisiana school district3s removal of a controversialbook on 9frican tribal reli$ion from the school library
5"ampbell v. #t. Tammany arish #chool Board6. 9fter the parent of a middle school student sou$ht to
remove Hoodoo I Joodoo by im Jaskins. The book wasrecommended to be retained with strict access.
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The 9ederal Cop*rightLaw: Teachers may make a sin$le copy for scholarly use
for class preparationA or multiple copies forclassroom useA of a chapter from a bookA anewspaper or ma$aKine articleA a short story or
poemA or a chartA $raphA dia$ramA cartoonA pictureunder certain $uidelines are met:
The copyin$ is at the instance and inspiration ofthe teacherA there is not sucient time prior to
use to re<uest permission from publisherA copyin$is only for the course in school and each copymust include a notice of copyri$ht that appears inthe book or periodical.
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T*pes o! Cop*righted aterial:
Books
'ewspapers
#a$aKines
#usic
Television
"oftware
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#"tracurricular Acti%ities and the <IL:
TE! ;;.1?( leaves to the "tate Board of Educationthe establishment of rules limitin$ participation inextracurricular activities durin$ the school dayand school weekA includin$ practice times.
The Fno pass-no play law species that a studentwho does not maintain a $rade of L1 in all coursesexcept certain honors or advanced classes mustbe suspended from extracurricular activities
sponsored by the district or 2@ for at least threeschool weeks or until the $rade is raised to L1 orhi$her.
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>ilingual Children:
TE! />.10( asserts that En$lish is theprimary lan$ua$e in Texas. The provisionre<uires each school district with twenty
or more students of limited En$lishprociency in the same $rade to o8erbilin$ual education in kinder$artenthrou$h elementary $radesM bilin$ual
educationA instruction in En$lish as asecond lan$ua$eA or other transitionallan$ua$e instruction approved by TE9.
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=i!ted Children:
9 $ifted and talented student is denedas one Fwho performs at or shows thepotential for performin$ at a hi$h level of
accomplishment when compared toothers of the same a$eA experience orenvironment and exhibits hi$hperformance in intellectualA creative or
artistic eldA possesses leadership orexcels in a specic academic eld.
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Abused and ?eglected Children:
9 child is dened as a person under the a$e ofei$hteen.
9buse includes mental or emotional in4ury by
any person that impairs the child3s $rowthAdevelopmentA or psycholo$ical functionin$Mphysical in4ury or threat of physical in4ury byany person a$ainst the child.
'e$lect includes failure by the personresponsible for the child5includin$ a teacher6 toprotect a child from a situation that could
endan$er the child.
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)eference:
*alshA @. E.A %emererA ,.A #aniotisA @.5/1(16. The Educators $uide to Texas
#chool %aw50th ed.6 niversity of TexasressA 9ustin