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William Allan Kritsonis, William Allan Kritsonis, PhD PhD Chapter 2: Chapter 2: Student Attendance Student Attendance and the and the Instructional Instructional Program Program

S T U D E N T A T T E N D A N C E A N D I N S T R U C

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Page 1: S T U D E N T  A T T E N D A N C E  A N D  I N S T R U C

William Allan Kritsonis, William Allan Kritsonis, PhDPhD

Chapter 2:Chapter 2:Student Attendance and Student Attendance and

the Instructional the Instructional ProgramProgram

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Mission of Texas Public EducationMission of Texas Public Education

““to ensure that all Texas children have access to a to ensure that all Texas children have access to a quality education that enables them to achieve quality education that enables them to achieve their potential and fully participate now and in the their potential and fully participate now and in the future in the social, economic and educational future in the social, economic and educational opportunities of our state and nation” (TEC 4.00I)opportunities of our state and nation” (TEC 4.00I)

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Texas Legislatures’ Objectives for Texas Legislatures’ Objectives for EducationEducation

• Participation of parents as full partners in the educational Participation of parents as full partners in the educational enterpriseenterprise

• Development of full student potentialDevelopment of full student potential• Reduction of the dropout rate to zeroReduction of the dropout rate to zero• A well-balanced curriculumA well-balanced curriculum• Recruitment and retention of highly qualified personnelRecruitment and retention of highly qualified personnel• Exemplary student performanceExemplary student performance• A safe and disciplined learning environmentA safe and disciplined learning environment• Use of creative and innovative techniques to improve Use of creative and innovative techniques to improve

student learningstudent learning• Implementation of technologyImplementation of technology• Preparation of students to become productive citizensPreparation of students to become productive citizens

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OverviewOverview

• Chapter 2 covers laws governing student Chapter 2 covers laws governing student attendance and the instructional program attendance and the instructional program includingincluding– Safe schoolsSafe schools– Laws involving technology and the internetLaws involving technology and the internet– Library censorshipLibrary censorship– Federal copyright lawFederal copyright law– Extracurricular activitiesExtracurricular activities

• The impact of NCLBThe impact of NCLB• School programs and the needs of special groups School programs and the needs of special groups

of studentsof students

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Free Public Education AttendanceFree Public Education Attendance

• School may not begin before the week in School may not begin before the week in which August 21 falls (TEC 25.0811)which August 21 falls (TEC 25.0811)

• Class size may not exceed 22 children for Class size may not exceed 22 children for grades K-4grades K-4

• Children 5 years old and under 21 on Sept 1 of Children 5 years old and under 21 on Sept 1 of the school year, are eligible to attend tuition-the school year, are eligible to attend tuition-free schools (TEC 25.001)free schools (TEC 25.001)

• Children 6 years old to 17 years old are Children 6 years old to 17 years old are required to attend (TEC 25.085)required to attend (TEC 25.085)

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Impermissible Discrimination in Impermissible Discrimination in AttendanceAttendance

• Effort to eliminate De jure racial segregation began in 1954Effort to eliminate De jure racial segregation began in 1954• Based on Fourteenth amendment –”nor [shall any state] deny to any person within its Based on Fourteenth amendment –”nor [shall any state] deny to any person within its

jurisdiction the equal protection of the laws.”jurisdiction the equal protection of the laws.”• Court rulings repeatedly struck down laws that treated people differently solely on the Court rulings repeatedly struck down laws that treated people differently solely on the

basis of their color or racial heritagebasis of their color or racial heritage– Brown v. Board of Education of Topeka-abolished “separate but equal” discriminatory practices (1954)Brown v. Board of Education of Topeka-abolished “separate but equal” discriminatory practices (1954)

• Legislative backing came in 1964 – Civil Rights ActLegislative backing came in 1964 – Civil Rights Act– Prohibits discrimination on the basis of race, color or national origin in public education, in any Prohibits discrimination on the basis of race, color or national origin in public education, in any

federally assisted program or activity, in public and private employment and in privately owned places federally assisted program or activity, in public and private employment and in privately owned places of public accommodation.of public accommodation.

– 1968 –Courts ruled this law constitutional1968 –Courts ruled this law constitutional• Result of litigation and legislative act remedial mandates require good faith integration and affirmative Result of litigation and legislative act remedial mandates require good faith integration and affirmative

action effortsaction efforts• Brown II and Green v. County School Board of New Kent CountyBrown II and Green v. County School Board of New Kent County

• Federal courts supervised districts found to practice de jure racial segregationFederal courts supervised districts found to practice de jure racial segregation• Ultimate goal is for districts to be declared unitary – which is a status denoting the Ultimate goal is for districts to be declared unitary – which is a status denoting the

eradication of all aspects of segregated, dual school systems.eradication of all aspects of segregated, dual school systems.• 1991 – US Supreme Court stated that once all vestiges of de jure 1991 – US Supreme Court stated that once all vestiges of de jure

segregation have been eliminated, federal court supervision may end; segregation have been eliminated, federal court supervision may end; this can happen in stages this can happen in stages

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Texas and DesegregationTexas and Desegregation• United States v. TexasUnited States v. Texas

– Statewide school desegregation orderStatewide school desegregation order– Known as Civil order 5281Known as Civil order 5281– Applies to all districts except those under separate federal court Applies to all districts except those under separate federal court

order or those that have been declared unitaryorder or those that have been declared unitary– Requires integrated bus routes; an end to discrimination in Requires integrated bus routes; an end to discrimination in

extracurricular activities and use of school facilities; extracurricular activities and use of school facilities; nondiscrimination in personnel decision-making; a prohibition nondiscrimination in personnel decision-making; a prohibition on student enrollment and assignment on the basis of race, color, on student enrollment and assignment on the basis of race, color, or national origin; TEA approval of student transfers; or national origin; TEA approval of student transfers; nondiscrimination against students on the basis of their first nondiscrimination against students on the basis of their first language; and the establishment of complaint procedures.language; and the establishment of complaint procedures.

• TEA is responsible for enforcingTEA is responsible for enforcing• This order remains in effect today.This order remains in effect today.

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Texas Higher EducationTexas Higher Education• Hopewood v. State of Texas (1996)Hopewood v. State of Texas (1996)• Fourteenth Amendment violation to give preference to African Fourteenth Amendment violation to give preference to African

Americans and Mexican Americans in the admissions process at the Americans and Mexican Americans in the admissions process at the University of Texas School of Law by lowering the admissions University of Texas School of Law by lowering the admissions criteriacriteria

• Court allowed other criteria that may correlate to race and ethnicity Court allowed other criteria that may correlate to race and ethnicity to be used (1996)to be used (1996)

– Including applicant’s residence, parents’ education, and economic and Including applicant’s residence, parents’ education, and economic and social backgroundsocial background

• Issue of race as an admissions criterion may be used if there is a Issue of race as an admissions criterion may be used if there is a “compelling interest” in achieving a diverse student body (2003)“compelling interest” in achieving a diverse student body (2003)

• Top Ten Percent (1997)-automatic admission to Texas public higher Top Ten Percent (1997)-automatic admission to Texas public higher education institutionseducation institutions

• All high schools must advise students about this rulingAll high schools must advise students about this ruling

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Education of Undocumented ChildrenEducation of Undocumented Children

• 1982-Texas could not exclude children of 1982-Texas could not exclude children of undocumented admitted aliens from a tuition free undocumented admitted aliens from a tuition free education (Plyer v. Doe)education (Plyer v. Doe)– Children could not be held responsible for being in Texas Children could not be held responsible for being in Texas

illegallyillegally– It’s better not to promote the “creation and perpetuation of It’s better not to promote the “creation and perpetuation of

a subclass of illiterates within our boundaries” (Justice a subclass of illiterates within our boundaries” (Justice William Brennan)William Brennan)

– INS Injunction 1992- Violation of 14INS Injunction 1992- Violation of 14thth Amendment Amendment rights to question persons of Hispanic decent without rights to question persons of Hispanic decent without reasonable causereasonable cause

• F-1 visas holders’ children are allowed a free public F-1 visas holders’ children are allowed a free public education as well (Islam V. Arlington ISD)education as well (Islam V. Arlington ISD)

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Impermissible Discrimination Impermissible Discrimination ContinuedContinued

• School transportation (1988)School transportation (1988)– State of N. Dakota - Districts may charge fee (required under statute) which encouraged school State of N. Dakota - Districts may charge fee (required under statute) which encouraged school

districts to conserve general revenue fundsdistricts to conserve general revenue funds– TEC 11.158 – allows fees but schools have to accommodate students who can’t afford to payTEC 11.158 – allows fees but schools have to accommodate students who can’t afford to pay– Public education grant program requires districts to provide transportation to school student is zoned to Public education grant program requires districts to provide transportation to school student is zoned to

(TEC 29.203)(TEC 29.203)• Section 504 of Title V of the Rehabilitation of Act of 1973 Section 504 of Title V of the Rehabilitation of Act of 1973

– Prohibits discrimination against individuals with disabilities in federally assisted public school Prohibits discrimination against individuals with disabilities in federally assisted public school programsprograms

– IDEA requires any state receiving financial assistance must assure a free, appropriate, public IDEA requires any state receiving financial assistance must assure a free, appropriate, public education to children with disabilities, and must insure rights are protectededucation to children with disabilities, and must insure rights are protected

• Title IX of the 1972 Education AmendmentsTitle IX of the 1972 Education Amendments– Prohibits intentional discrimination on the basis of sex in programs that receive federal assistanceProhibits intentional discrimination on the basis of sex in programs that receive federal assistance– Permits single-sex admissions policies in nonvocational elementary and secondary schoolsPermits single-sex admissions policies in nonvocational elementary and secondary schools– Requires equal opportunities for males and females in athletic activitiesRequires equal opportunities for males and females in athletic activities– Allows damage remedies for sexual harassment (Franklin v. Gwinnett County Public Schools)Allows damage remedies for sexual harassment (Franklin v. Gwinnett County Public Schools)

– Article I-3a of Texas Constitution is the equal Rights Amendment-equality under the law Article I-3a of Texas Constitution is the equal Rights Amendment-equality under the law shall not be denied or abridged because of sex, race, color, creed or national originshall not be denied or abridged because of sex, race, color, creed or national origin

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Residency and GuardianshipResidency and Guardianship• Students may attend school in a district on a tuition-free basis if Students may attend school in a district on a tuition-free basis if

– The student and either parent or legal guardian lives in the district; the student The student and either parent or legal guardian lives in the district; the student (under eighteen) establishes residency in the district apart from the parent or (under eighteen) establishes residency in the district apart from the parent or guardian; the student is homeless; the student is a foreign exchange student; the guardian; the student is homeless; the student is a foreign exchange student; the student is eighteen or older and establishes residency in the district); the student is eighteen or older and establishes residency in the district); the student is married or has had minority status removed; the student is in foster student is married or has had minority status removed; the student is in foster care (has the right to finish high school attending at the time of placement)care (has the right to finish high school attending at the time of placement)

– Bottom line-students can attend school where they live, separate and apart Bottom line-students can attend school where they live, separate and apart from their guardiansfrom their guardians

• Schools cannot require persons with whom students live to secure legal Schools cannot require persons with whom students live to secure legal guardianship. (guardianship. (Byrd v. Livingston ISD) - 1987Byrd v. Livingston ISD) - 1987

• TEC 25.002-TEC 25.002- 30 days to produce student’s records (immunizations, 30 days to produce student’s records (immunizations, birth certificate, school records)birth certificate, school records)

• Attendance at a particular school within a districtAttendance at a particular school within a district• Citizens for Better Education v. Goose Creek CISD (1986)-districts may re-Citizens for Better Education v. Goose Creek CISD (1986)-districts may re-

zone attendance boundaries to improve ethnic balancezone attendance boundaries to improve ethnic balance

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The Compulsory School LawThe Compulsory School Law• A person who is at least six years of age and who has not A person who is at least six years of age and who has not

turned 18 shall attend school (TEX 25.085)turned 18 shall attend school (TEX 25.085)– The student must attend for each day of instructionThe student must attend for each day of instruction– Currently 180 days and 7 hours per dayCurrently 180 days and 7 hours per day

• Exceptions – students who are 17 or older and are studying Exceptions – students who are 17 or older and are studying to take the GED; private school and home school students; to take the GED; private school and home school students; 16 and under court order to study and take the GED; 16 and under court order to study and take the GED; expelled students; students with a temporary physical or expelled students; students with a temporary physical or mental impairmentmental impairment

• TEC 29.151-Districts must provide either a half-day or full TEC 29.151-Districts must provide either a half-day or full day kindergarten for children who are at least 5 years oldday kindergarten for children who are at least 5 years old• They must provide a pre-kindergarten for students (if there are They must provide a pre-kindergarten for students (if there are

15 or more)who are at least 4 years old who can’t speak English 15 or more)who are at least 4 years old who can’t speak English or who are economically disadvantaged or homelessor who are economically disadvantaged or homeless

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AbsencesAbsences

• 2001- Texas Legislature broadened authority of 2001- Texas Legislature broadened authority of attendance officersattendance officers– Permitted to refer students to juvenile court or file a Permitted to refer students to juvenile court or file a

complaint against a student in justice or municipal complaint against a student in justice or municipal courts (TEC 25.088-25.091)courts (TEC 25.088-25.091)

– Parents must be informedParents must be informed– Class C misdemeanorClass C misdemeanor– Up to a $500 fine (1/2 of fines collected go back to the Up to a $500 fine (1/2 of fines collected go back to the

district)district)– To gain credit for a class, the student must be in To gain credit for a class, the student must be in

attendance for 90 percent of the days the class if attendance for 90 percent of the days the class if offered (TEC 25.092)offered (TEC 25.092)

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Maintaining a Safe School Maintaining a Safe School EnvironmentEnvironment

• TEC 37.101 – criminal laws of the state apply to areas under the jurisdiction of the school boardTEC 37.101 – criminal laws of the state apply to areas under the jurisdiction of the school board• School board has the authority to adopt their own safety rulesSchool board has the authority to adopt their own safety rules• Violation of the rules is a Class C misdemeanorViolation of the rules is a Class C misdemeanor• School districts can commission an officer to enforce the rules (TEC 37.102)School districts can commission an officer to enforce the rules (TEC 37.102)• School officials can request identification of any person on school property and refuse to allow those with School officials can request identification of any person on school property and refuse to allow those with

no legitimate business to enterno legitimate business to enter– Trespass on school property – Class C misdemeanorTrespass on school property – Class C misdemeanor– Class B misdemeanor to intentionally engage in disruptive activity on the campusClass B misdemeanor to intentionally engage in disruptive activity on the campus– Class C misdemeanor to disrupt classes or school activities or to disrupt transportation of children to and Class C misdemeanor to disrupt classes or school activities or to disrupt transportation of children to and

from public schoolfrom public school• Third degree felony –exhibiting, using or threatening to exhibit or use a firearm to interfere with the Third degree felony –exhibiting, using or threatening to exhibit or use a firearm to interfere with the

normal use of a public or private school or busnormal use of a public or private school or bus• Penal Code 46.11 provides for a weapon-free school zonePenal Code 46.11 provides for a weapon-free school zone• Penal Code 46.03 –third degree felony to possess or go with a firearm, illegal knife, club or prohibited Penal Code 46.03 –third degree felony to possess or go with a firearm, illegal knife, club or prohibited

weapon on public or private school premisesweapon on public or private school premises• Penal Code 46.035 makes it an offense to carry a concealed handgun on the premises of a school sporting Penal Code 46.035 makes it an offense to carry a concealed handgun on the premises of a school sporting

or interscholastic eventor interscholastic event• Section 28.04 of the Texas Penal Code-Class C misdemeanor to recklessly damage or destroy propertySection 28.04 of the Texas Penal Code-Class C misdemeanor to recklessly damage or destroy property• TEC 38.006-School districts must ban all smoking or use of tobacco at a school related or school-TEC 38.006-School districts must ban all smoking or use of tobacco at a school related or school-

sanctioned functionsanctioned function• TEC 38.007 – Prohibits use of alcohol or possession of alcohol at school eventsTEC 38.007 – Prohibits use of alcohol or possession of alcohol at school events• TEC 37.122 – Class C misdemeanor for a person to possess an intoxicating beverage at a public school or TEC 37.122 – Class C misdemeanor for a person to possess an intoxicating beverage at a public school or

on the grounds of an athletic eventon the grounds of an athletic event

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Instructional Program BackgroundInstructional Program Background• Goal: strengthen curriculum, measure student Goal: strengthen curriculum, measure student

achievement, district/school accountabilityachievement, district/school accountability• Results: (+)higher percentage passing test, (-) Texas Results: (+)higher percentage passing test, (-) Texas

dropout rate, discriminatory testingdropout rate, discriminatory testing• TEC§ 28.001-.002 (1981) Required Curriculum: TEC§ 28.001-.002 (1981) Required Curriculum:

Foundation + Enrichment = TEKSFoundation + Enrichment = TEKS– State can control content of curriculum but not method or time State can control content of curriculum but not method or time

(district).(district).– High School 3 levels (minimum, recommended, advanced)High School 3 levels (minimum, recommended, advanced)

• TEC§ 28.004 Sex Education: District choose curriculum, TEC§ 28.004 Sex Education: District choose curriculum, AG recommends TEKS, promotes abstinence, parents can AG recommends TEKS, promotes abstinence, parents can waive. waive.

• TEC§ 29.085: provides services for pregnant students and TEC§ 29.085: provides services for pregnant students and students w/ kidsstudents w/ kids

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Student AssessmentStudent Assessment• Grading System: District specificGrading System: District specific• TEC§ 28.022 Parent Communication TEC§ 28.022 Parent Communication

– ConferencesConferences– grading report (once every 12 weeks)grading report (once every 12 weeks)– consistent failure notices (every 3-4 weeks)consistent failure notices (every 3-4 weeks)

• TEC§ 39.002 Statewide Assessment (TAKS)TEC§ 39.002 Statewide Assessment (TAKS)– TEA develops grade appropriate tests for foundation TEA develops grade appropriate tests for foundation

subjectssubjects– no exemptionsno exemptions– Private SchoolsPrivate Schools– Additional testing Additional testing

• State Test not discriminatory – State Test not discriminatory – GI Forum Image de GI Forum Image de Tejas v. TEATejas v. TEA

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Promotion RequirementsPromotion Requirements TEC§ 28.021 –no social promotionTEC§ 28.021 –no social promotion TEC§ 28.0211 – Criteria for promotionTEC§ 28.0211 – Criteria for promotion

2002-2003 32002-2003 3rdrd Grade Reading Grade Reading 2004-2005 52004-2005 5thth Grade Reading and Math Grade Reading and Math 2007 – 2008 82007 – 2008 8thth Grade Reading and Math Grade Reading and Math High School exit testsHigh School exit tests

Failure to meet standard: 2 additional attemptsFailure to meet standard: 2 additional attempts #1 Grade appropriate accelerated Instruction#1 Grade appropriate accelerated Instruction #2 Grade Placement Committee (GPC)#2 Grade Placement Committee (GPC) # 3 GPC, District monitors educational plan (pass or fail)# 3 GPC, District monitors educational plan (pass or fail) District District maymay administer alternative assessment instrument to administer alternative assessment instrument to

determine promotiondetermine promotion

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Graduation RequirementsGraduation Requirements Personal Graduation Plan: for secondary students that Personal Graduation Plan: for secondary students that

don’t meet standardsdon’t meet standards Diploma Criteria:Diploma Criteria:

Complete required curriculum, pass exit exam Complete required curriculum, pass exit exam Sp. Ed meet above or complete IEP goalsSp. Ed meet above or complete IEP goals

Certificate of Course Work Completion: Certificate of Course Work Completion: Complete req. curriculum but fail exit examComplete req. curriculum but fail exit exam Participate in graduation; transcript specifies no diplomaParticipate in graduation; transcript specifies no diploma

Withheld Diplomas and Transcripts:Withheld Diplomas and Transcripts: Lost textbooks for students and employees (TEC§ 31.104)Lost textbooks for students and employees (TEC§ 31.104) Right to transcriptsRight to transcripts

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GradingGrading

TEC§ 21.351: Does student performance TEC§ 21.351: Does student performance impact educators evaluation?impact educators evaluation?

Discrepancies between grades and test results Discrepancies between grades and test results McLean v. Quanah ISD – McLean v. Quanah ISD – competence competence

overrides perceptionoverrides perception TEC§ 28.0212: Teacher not required to chg TEC§ 28.0212: Teacher not required to chg

course or exam grade unless board determines course or exam grade unless board determines grading system conflicts with grading policygrading system conflicts with grading policy

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School District AccountabilitySchool District Accountability TEC§ 39.051 Academic Excellence Indicator Sys TEC§ 39.051 Academic Excellence Indicator Sys

(AEIS)(AEIS) State test results, dropout rates, student attendance, exit level State test results, dropout rates, student attendance, exit level

assessments, SAT, re-tester progress, % of students exempt assessments, SAT, re-tester progress, % of students exempt from state test, and graduation ratesfrom state test, and graduation rates

TEC§ 11.253 Campus Improvement Plan (CIP): TEC§ 11.253 Campus Improvement Plan (CIP): principal must meet annually to review and reviseprincipal must meet annually to review and revise

Campus Report CardCampus Report Card District/Campus Annual Report: Public InfoDistrict/Campus Annual Report: Public Info TEA Accountability TEA Accountability (based on AEIS)(based on AEIS)

• Exemplary (entitlements), Recognized, Acceptable, Exemplary (entitlements), Recognized, Acceptable, Unacceptable (sanctions)Unacceptable (sanctions)

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Effect of No Child Left BehindEffect of No Child Left Behind NCLB BackgroundNCLB Background

Amendment to Elem. & Secondary Educ. Act 1965Amendment to Elem. & Secondary Educ. Act 1965 Purpose: hold states/districts accountablePurpose: hold states/districts accountable Goal: raise student achievement to grade level by 2013-2014Goal: raise student achievement to grade level by 2013-2014 Highly qualified teachers 2005-2006Highly qualified teachers 2005-2006

AYP (Adequate Yearly Progress):AYP (Adequate Yearly Progress): TAKSTAKS Whole student population and subgroupsWhole student population and subgroups 95% participation required95% participation required

Failure to meet AYP (unacceptable rating)Failure to meet AYP (unacceptable rating) Sanctions (terminations, restructure, annexation, closing)Sanctions (terminations, restructure, annexation, closing) Parent communication and transfersParent communication and transfers

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Objectionable Library and Study Objectionable Library and Study MaterialsMaterials

The library’s role is to provide a place that The library’s role is to provide a place that students can freely and voluntarily explore students can freely and voluntarily explore diverse topicsdiverse topics

Parents in Texas have the right to request that Parents in Texas have the right to request that their child be removed from a class or activity their child be removed from a class or activity to which they object on religious or moral to which they object on religious or moral grounds – including reading a different bookgrounds – including reading a different book

Campbell v. St. Tammany Parish School Campbell v. St. Tammany Parish School BoardBoard

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Computers and the InternetComputers and the Internet The federal Children’s Internet protection Act (CIPA) The federal Children’s Internet protection Act (CIPA)

– requires libraries and schools using Internet – requires libraries and schools using Internet connections to have a filtering device in place (July connections to have a filtering device in place (July 2002).2002).

FERPA-Posting of personally identifiable information FERPA-Posting of personally identifiable information about student is a violationabout student is a violation

Acceptable Use Policies (AUPs) – conditions for Acceptable Use Policies (AUPs) – conditions for student and staff use of the Internet and other student and staff use of the Internet and other technology at schooltechnology at school

Killion v. Franklin Regional School DistrictKillion v. Franklin Regional School District Unfamiliar territory: online bullying and textingUnfamiliar territory: online bullying and texting

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The Federal Copyright LawThe Federal Copyright Law

Restricts duplication of copyrighted materialRestricts duplication of copyrighted material Scholarly used for class preparationScholarly used for class preparation Fair useFair use Avoid wholesale copying of complete worksAvoid wholesale copying of complete works

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Extracurricular Activities and the UILExtracurricular Activities and the UILTEC § 33.081TEC § 33.081

SBOE establishes rules in limiting participation in SBOE establishes rules in limiting participation in extracurricular activities extracurricular activities

• Disputes over student eligibility for extracurricular activities Disputes over student eligibility for extracurricular activities may not be appealed into state court except on the grounds of may not be appealed into state court except on the grounds of arbitraryarbitrary

• Unfairness or failure to follow policy are not appealable to the Unfairness or failure to follow policy are not appealable to the commissionercommissioner

• Texas Supreme Court has advised courts to avoid interfering Texas Supreme Court has advised courts to avoid interfering in UIL eligibilityin UIL eligibility

Robstown I.S.D.CaseRobstown I.S.D.Case

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Extracurricular Activities & the UILExtracurricular Activities & the UIL“No Pass- No Play”“No Pass- No Play”

Implemented in 1984Implemented in 1984• Students who does not maintain a 70 in all Students who does not maintain a 70 in all

courses except honors or identified advanced courses except honors or identified advanced classes must be suspended from classes must be suspended from extracurricular activities sponsored by the extracurricular activities sponsored by the district or UIL for 3 weeksdistrict or UIL for 3 weeks

• Students can still practice or rehearse with Students can still practice or rehearse with other studentsother students

Spring Branch I.S.D. v. StamosSpring Branch I.S.D. v. Stamos

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Benefits of Extracurricular ActivitiesBenefits of Extracurricular Activities

• Increases students’ academic performanceIncreases students’ academic performance• Increase self esteemIncrease self esteem• Teaches real world skills Teaches real world skills • Careers interestsCareers interests• Learn teamwork, leadership & social skillsLearn teamwork, leadership & social skills• Reduce drug/alcohol use & irresponsible Reduce drug/alcohol use & irresponsible

sexual activitysexual activity• Promote support among staff and teachersPromote support among staff and teachers

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Special GroupsSpecial GroupsAt Risk ChildrenAt Risk Children

Drop outs included in the Academic Excellence Drop outs included in the Academic Excellence Indicator System Indicator System (TEC § 39.051)(TEC § 39.051)

Each campus and district must develop a campus and Each campus and district must develop a campus and district plan aimed at reducing drop out ratesdistrict plan aimed at reducing drop out rates

Communities in Schools program – youth dropout Communities in Schools program – youth dropout prevention program prevention program (Education Code § § 33.151-.158)(Education Code § § 33.151-.158)

Districts are required to develop appropriate Districts are required to develop appropriate compensatory or accelerated programs for students compensatory or accelerated programs for students who are not performing well who are not performing well (TEC § 29.081)(TEC § 29.081)

Factors for determining potential dropouts – weak Factors for determining potential dropouts – weak academic performance, limited English proficiency, academic performance, limited English proficiency, child neglect or abuse and pregnancychild neglect or abuse and pregnancy

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Bilingual ChildrenBilingual Children Federal guidelines –require schools to eliminate language Federal guidelines –require schools to eliminate language

deficienciesdeficiencies

Lau v. Nichols (enforcing 1964 Civil Rights Act) Lau v. Nichols (enforcing 1964 Civil Rights Act) Bilingual programs – either full immersion or providing Bilingual programs – either full immersion or providing

instruction in primary language with learning Englishinstruction in primary language with learning English TEA requires each school district with twenty or more TEA requires each school district with twenty or more

students of limited English proficiency in the same grade to students of limited English proficiency in the same grade to offer bilingual education in elementary and transitional offer bilingual education in elementary and transitional language instruction in post elementary grades through language instruction in post elementary grades through eighth grade and instruction in English as a second eighth grade and instruction in English as a second language in grades nine through twelve language in grades nine through twelve (TEC §29.051)(TEC §29.051)

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Gifted ChildrenGifted Children

A gifted and talented student is defined as one A gifted and talented student is defined as one “who performs or shows the potential for “who performs or shows the potential for performing at a remarkably high level of performing at a remarkably high level of accomplishment…” accomplishment…” (TEC §29.121)(TEC §29.121)

Each district is required to adopt a process for Each district is required to adopt a process for identifying gifted and talented students and to identifying gifted and talented students and to establish a program for those students in each establish a program for those students in each grade level.grade level.

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Abused and Neglected ChildrenAbused and Neglected Children

Anyone having cause to believe that a child’s Anyone having cause to believe that a child’s physical or mental health or welfare has been physical or mental health or welfare has been or may be adversely affected by abuse or or may be adversely affected by abuse or neglect shall immediately make a report to any neglect shall immediately make a report to any local or state law enforcement agency, the local or state law enforcement agency, the Department of Protect and Regulatory Service Department of Protect and Regulatory Service or other appropriate agency (Family Code or other appropriate agency (Family Code 261.101, 261.103)261.101, 261.103)

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Family CodeFamily Code

Section § 261.109: Failure to report suspected Section § 261.109: Failure to report suspected child abuse or neglect a Class B misdemeanorchild abuse or neglect a Class B misdemeanor

Section § 261.106: Code expresses shields Section § 261.106: Code expresses shields from civil/criminal liability those in good faith from civil/criminal liability those in good faith report suspected child abusereport suspected child abuse

Section §261.302: Child abuse investigations Section §261.302: Child abuse investigations can take place while children are in schoolcan take place while children are in school

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ReferencesReferences

Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator’s Guide to Texas School Law: (6th edition). Educator’s Guide to Texas School Law: (6th edition). Austin: University of Texas Press.Austin: University of Texas Press.

““Characteristics of Gifted/Creative Children”. Retrieved on Characteristics of Gifted/Creative Children”. Retrieved on June 22, 2009, from the NFGCC. ORG Website:June 22, 2009, from the NFGCC. ORG Website:

http://www.nfgcc.org/character.htm

http://en.wikipdia.org/wiki/Extracurricularactivities

http://www.tea.state.ts.us

http://campus.westlaw.com.ezproxy.pvamu.edu/welcome/CampusLaw/default