legal guide: equity and access to college prep

Legal Guide: Equity and Access to College Prep

Jeff Shaver Module 7: Legal Guide EDG 6305 Legal and Ethical Principles Angelo State University Fall 2016

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Session goal

Courtesy of: http://www.facultyfocus.com

Staff will develop a common understanding of our shared vision, and our legal, ethical and moral obligations to ensure that all of our students have equitable access to our exceptional career and college readiness programs.


Shared vision

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We strive to nurture the academic achievement of all students by:

continuously improving our instruction,

ensuring equitable access to rigorous instruction for all students,

cultivating leaders throughout our school community,

providing a culturally-responsive and inclusive learning environment,

and building strong partnerships with all families and the community.

Courtesy of: http://blog.iat.com


Commissioner’s Rules Concerning Educator Standards1

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Teachers: provide standards-based, data-driven, differentiated instruction.

ensure high levels of learning, social-emotional development, and achievement outcomes for all students.

exhibit comprehensive understanding of their content, discipline, and related pedagogy.

maintain a respectful and safe learning environment.

use formal and informal methods to assess student growth aligned to instructional goals and course objectives.

hold themselves to a high standard, maintain professional relationships, and comply with all campus and district policies.

1TAC §149.1001


Constitutional Law

Judicial Law

Administrative Law

Statutory Law

Explore Role of Laws in Ensuring Educational Equity for All

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Equitable access to education cannot legally be denied to students on the basis of:

Race, color, or national origin1 Gender2 Disability3

142 U.S.C. § 2000d et seq.; 220 U.S.C § 1681 et seq.; 342 U.S.C § 12101 et seq., 29 U.S.C. § 794


Signed on September 17, 1787, and provides the supreme law of

our country.

Tenth Amendment states “powers not delegated to the United States by the Constitution, nor prohibited by it to the

States, are reserved to the States respectively [e.g., education]...”1

Fourteenth Amendment states “nor shall any State deprive any person of

life, liberty, or property without due process of law, nor deny to any person

within its jurisdiction the equal protection of the laws.”2

As part of the Civil Rights Act of 1871, Congress passed 42 U.S.C. §1983, a

statute ensuring the enforcement of the Fourteenth Amendment.

United States Constitution

Constitutional Law: U.S. Constitution

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1U.S. Const., amend. X; 2U.S. Const., amend XIV, §1


Plyler v. Doe, 457 U.S. 202 (1982).

TX law violated XIV Amendment, allowing tuition for unauthorized school children.

Lau v. Nichols, 414 U.S. 563 (1974).

Elimination of language deficiencies (Tittle VI, Civil Rights Act of 1964).

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

Overruled Plessy v. Ferguson, deciding “separate but equal” discriminatory.

Plessy v. Ferguson, 163 U.S. 537 (1896).

Upheld “separate but equal” racial segregation laws for public facilities.

Judicial Law: Brief History of US Supreme Court Decisions

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1. On July 2, 1964, President Lyndon B. Johnson signed the

landmark Act into law.1

2. Prohibits discrimination by federally funded programs and activities, on the basis of race,

color, and national origin.

3. Since its enactment, dropout rates of minority students has

declined and graduation rates have increased.

4. The % of minority students in advanced placement has been increasing, but still disparity in

overall number in AP, dual credit, early college, and STEM.

Title VI of Civil Rights Act of 1964

Federal Statute: Title VI of Civil Rights Act of 1964

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142 U.S.C. 2000a et seq.


United States Department of Education: Founded in 1867 to help States in creating effective public school systems.

Promotes student achievement and preparation for global competitiveness by fostering educational excellence and ensuring

equal access.

Upholds federal statues like:

Title IV of the Civil Rights Act of 19641

Every Student Succeeds Act (ESSA)2

Federal Administrative Law: U.S. Department of Education

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1Civil Rights Act of 1964, Pub.L. 88-352, 78 Stat. 241 (1964). 2Every Student Succeeds Act of 2015, Pub. L. No. 114-95 § 114 Stat. 1177 (2015-2016).


Texas Constitution In 1876, the Texas Constitution established the legal basis for a public school system, and reads: •  “...it shall be the duty of the legislature of

the State to establish and make suitable provision for the support and maintenance of an efficient system of free public schools.” 1

In1876, the Legislature established the Available School Fund, with

most funding for public education coming from the local level.

Constitutional Law: Texas Constitution

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1T.X. Const. art. 7, §1


School Funding Reform in Texas

Since 1876, significant school finance reform did not occur until the enactment of

the Gilmer-Aiken Bill in 1949.

Established Minimum Foundation Program (MFP), requiring state and local contributions

into a special fund.

Focus of equalization lawsuit, San Antonio I.S.D. v. Rodriguez,1 which reached the

Supreme Court in 1972.

In 1993, Texas Legislature passed

Senate Bill 7.

Required property-wealthy districts to transfer wealth to

property poor school districts (“Robin Hood”).

Judicial Law: Texas School Funding System

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1San Antonio I.S.D. v. Rodriguez, 411 U.S. 1 (Tex. 1973)


School Funding Litigation in Texas

In 1995, the Texas Supreme Court declared the “Robin Hood” plan

constitutional.

But, court indicated that the school finance crisis

was not over.1

In 2013, a state trial court declared that the current Texas school

finance system unconstitutional.2

In 2016, U.S. Supreme Court ruled Texas

school funding system was constitutional.

However, court urged lawmakers to reform

system “ill-suited for 21st century Texas.”3

Judicial Law: Texas School Funding System

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1Edgewood I.S.D. v. Meno, 917 S.W.2d 717 (Tex. 1995) 2The Texas & Student Fairness Coalition v. Williams, 250th District Court, Travis County, Texas, Cause No. D-1-

GN-11-003130, Feb. 4, 2013 3Morath, et al. v. The Texas Taxpayer and Student Fairness Coalition, et al., No. 14-0776 (Tex. 2016).


Currently, the Foundation School Program (FSP):

Is the primary source of school funding.

Functions to guarantee that each district has “adequate resources to provide each eligible student a basic instructional program and facilities suitable to the student’s

educational needs.”1

The Foundation School Program: School Funding

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1TEC § 42.002(a)(1)

Legal Guide: Equity and Access to College Prep The Foundation School Program: School Funding

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1Morath, et al. v. The Texas Taxpayer and Student Fairness Coalition, et al., 2016.

Addressing achievement gaps and equitable access to college and career preparatory courses and programs is a

complex challenge, because equitable access to education for all students is dependent, in part, on

our ability to appropriately and effectively finance all districts.1


Texas Administrative Code (TAC): Created in 1977 by the Texas Legislature under the Administrative Code Act.1

Enacted by the State Board of Education (SBOE) and the Texas Commissioner of Education.

TAC contains all Texas state agency rules within 16 titles, which includes:

Title 4: Agriculture Title 19: Education Title 25: Health Services

Texas Administrative Law: Texas Administrative Code

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1Government Code, §§2002.051-2002.056


The State Board of Education1 (SBOE): In accordance with the 10th Amend. to the U.S. Constitution and Article VII of TX Constitution, Legislature established TX public school system, including SBOE.

Required to identify essential knowledge and skills of required

curriculum all students should be able to demonstrate.2

Adopted the Texas Essential Knowledge and Skills (TEKS) curriculum.3

In 2006, as required by the Legislature, incorporated

college readiness standards.4

Standards specify level of preparation a student must attain to enroll and

succeed, without remediation, in an entry-level English and math general

education college course.5

Texas Administrative Law: The State Board of Education

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1TEC § 7.101; 2TEC § 28.002(c); 319 TAC Part II; 4TEC § 28.008(d); 5TEC § 39.024(a)


Texas Education Agency (TEA): Headed by the Texas Commissioner of

Education (Executive Officer of the TEA).

Performs only the duties assigned to it by the Texas Legislature.

One of its fourteen educational functions includes “monitoring local

school districts compliance with state and federal programs.”1

TX Commissioner of Education: Appointed by governor to serve a four-

year term; is also the executive secretary of the State Board of Education.

Has forty educational responsibilities assigned by the Texas Legislature.2

Also responsible for “imposing interventions and sanctions for low-performing campuses and school

districts.”3

Texas Administrative Law: Sources of Texas Administrative Law

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1TEC § 7.021; 2TEC §7.055; 3TEC §§39.102-.103


Regional Education Service Center: Oversaw by Texas Commissioner of Education and governed by

seven-member school board.

The twenty RESC located throughout Texas have two primary responsibilities:1

Assisting districts in improving student

achievement. Increasing efficiency of

school operations.

School Boards:

Have the exclusive power and duty to

govern and oversee management of schools

in district.2

Policies represent the law of the district that all

personnel must comply with as a condition of

employment.3

Texas Administrative Law: Sources of Texas Administrative Law

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1TEC § 8.002; 2TEC § 11.151(b); 3e.g., Region One Education Service Center Board Policy Manual


1. A state curriculum 2. A standardized test to

measure how well the curriculum is being taught

3. Accreditation standards to hold schools accountable for

their performance, and

4. Sanctions and remedial measures for students, schools,

and districts to ensure that accreditation standards are met.

The Texas School System has four

integrated components:

Texas School System: A Focus on Curriculum

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176 S.W .3d 746, 764 (Tex. 2005)


1. A state curriculum 2. A standardized test to

measure how well the curriculum is being taught

3. Accreditation standards to hold schools accountable for

their performance, and

4. Sanctions and remedial measures for students, schools,

and districts to ensure that accreditation standards are met.

The Texas School System has four

integrated components:

Texas School System: A Focus on Curriculum

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176 S.W .3d 746, 764 (Tex. 2005)


Texas School System has four integrated components:

A state curriculum

The Texas Education Code (TEC) requires school districts and open-

enrollment charter schools to offer both a foundation curriculum and an enrichment

curriculum.

A foundation curriculum consists of English language arts, mathematics,

science, and social studies.

Texas School System: Curriculum

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TEC §§ 12.111(a)(1), 28.002(a)(1)


1. In 2007, the 80th Texas Legislature passed House Bill

2237, which added §28.014 to the Texas Education Code (TEC).

2. In House Bill 5, §28.014 was amended, requiring a college prep math course to be developed and offered, free-of-charge, by local

school districts partnering with at least one institution of higher ed.1

3. Is a full-credit course2 intended for 12th grade students, based on their academic performance, not

deemed college-ready.

4. Upon completion of the course, students should be prepared to be

successful in college-level, gateway mathematics courses relevant to their chosen programs of study.

House Bill 5: College Prep Mathematics

State Statute: House Bill 5 and TEC, §28.014

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1Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 10(a), eff. June 10, 2013. 2TAC § 74.13(e)(4)


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Reflection of Session goal

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Have we developed a common understanding of our shared vision, and our legal, ethical and moral obligations to ensure that all of our students have equitable access to our exceptional career and college readiness programs?

Why or why not?

Evaluation

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Please take a moment to fill

out our survey.


References

19 TAC Part II 20 U.S. Code § 1681 et seq 29 U.S.C. § 794 42 U.S. Code § 12101 et seq. 42 U.S. Code § 1983 42 U.S. Code § 2000d et seq. Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 10(a), eff. June 10, 2013. Civil Rights Act of 1964, Pub.L. 88-352, 78 Stat. 241 (1964). Edgewood I.S.D. v. Meno (Edgewood IV), 917 S.W.2d 717 (Tex. 1995). Every Student Succeeds Act of 2015, Pub. L. No. 114-95 § 114 Stat. 1177

(2015-2016). Government Code, §§2002.051-2002.056 Lau v. Nichols, 414 U.S. 563 (1974).


References (continued)

Morath, et al. v. The Texas Taxpayer and Student Fairness Coalition, et al., No. 14-0776 (Tex. May 13, 2016).

Neely v. West Orange-Cove Consolidated Independent School (W. Orange-Cove II), 176 S.W .3d 746, 764, 765 (Tex. 2005).

Plessy v. Ferguson, 163 U.S. 537 (1896). Plyler v. Doe, 457 U.S. 202 (1982). Region One Education Service Center Board Policy Manual. (2016). Retrieved

December 11, 2016, from http://pol.tasb.org/Home/Index/648 San Antonio I.S.D. v. Rodriguez, 411 U.S. 1 (Tex. 1973). The Texas & Student Fairness Coalition v. Williams, 250th District Court, Travis

County, Texas, Cause No. D-1-GN-11-003130, Feb. 4, 2013. Tex. Admin. Code § 74.13(e)(4) Tex. Admin. Code §149.1001 Tex. Const. Art. VII, § 1 Tex. Educ. Code § 7.021 Tex. Educ. Code § 7.055


References (continued)

Tex. Educ. Code § 7.101 Tex. Educ. Code § 8.002 Tex. Educ. Code § 11.151 Tex. Educ. Code § 12.111(a)(1) Tex. Educ. Code § 28.002 Tex. Educ. Code § 28.008(d) Tex. Educ. Code § 39.024(a) Tex. Educ. Code §§ 39.102-.103 Tex. Educ. Code § 42.002(a)(1) U.S. Const., amend. I U.S. Const., amend. X U.S. Const., amend. XIV, § 1
