teachers and the law, 8e

Teachers and the Law, 8th Edition

© 2011 Pearson Education, Inc.All rights reserved.

Teachers and the Law, 8e by

David Schimmel, Leslie R. Stellman, and Louis Fischer

PowerPoint Presentationby

Gerri Spinella, Ed. D

Teachers and the Law, 8th EditionSchimmel, D., Stellman, L., Fischer, L.

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© 2011 Pearson Education, Inc.All Rights Reserved.19-2

Chapter 19

Do Parents Have Choices in Educating Their Child?


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Key ConceptsKey Concepts

Compulsory

Schooling and

Parents’ Rights

Home Schooling

Objections to the

Curriculum


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Essential Question Essential Question

How has your state provided education choices for children?


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Key Terms

Duty to attend school

Charter Schools

Vouchers

Home Schooling


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CaseCase

Pierce v. Society of SistersPierce v. Society of Sisters


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Schooling is a right provided by each state, not by U.S. Constitution.

Attendance is compulsory. Children and youth have a duty to attend

school beginning at 6,7,8 extends to ages 15-18.

Compulsory Schooling and Parents’

Rights


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Charter Schools

Charter Schools: designed to remedy the shortcomings of public

schools. vary in design from state to state. are autonomous or semiautonomous public

schools created by a contract or charter between the school’s organizers and a sponsor.

may vary in availability and quality.


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Meets the requirements of their particular state statute.

General Characteristics: includes teaching “the branches of education

taught to children of corresponding age and grade in public schools”; systematic reporting to the local school superintendent.

places the burden of proof of adequacy on the parent or the state or school officials.

has liberal or strict interpretation for home schooling; as well as, state laws must be clear and unambiguous.

Home Schooling


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Adequacy Home Instruction competency of teachers teaching of subjects required by law or

regulation “manner in which the subjects are taught so

as to impart comparable knowledge as given in the local schools”

number of hours and days devoted to teaching “adequacy of the texts, materials, methods,

and programs being used” “availability of periodic tests and

measurements of child’s educational growth”


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Home School Instruction States do not have uniformity in allowing

home schooled students the right to participate in extracurricular activities.

Home Schooled students do not have a right to part-time enrollment in public schools.

A decision to home school a child is not a grounds for a change in custody.

States cannot supervise home schooling through home visits.


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Objections to the Curriculum

Right to GuideParent

School

Two conflicting propositions regarding the course material

Children can be exempt from portions of the curriculum if they have bona fide religious or moral objections

Children can be excused from parts of the curriculum for reasons other than religious or moral objections.


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CasesCases

Alfonzo v. FernandezAlfonzo v. Fernandez

American Civil Liberties Union of Florida, Inc. American Civil Liberties Union of Florida, Inc. v. v.

Miami-Dade County School BoardMiami-Dade County School Board

Mozert v. Hawkins County Public SchoolsMozert v. Hawkins County Public Schools


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Initial Proceedings

Complaint

Facts of claim by plaintiff seeks

Defendant Answers (30 days) or motion

to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories

DepositionsDocument Requests

Settlement Conference


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ReflectionReflection

In what ways, do courts and laws attempt to maintain an appropriate balance between the needs of society and the rights of parents to guide the upbringing of their children?

teachers and the law, 8e

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