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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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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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 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 Presentation Transcript

  • William Allan Kritsonis, PhD Chapter 2: Student Attendance and the Instructional Program
  • Mission of Texas Public Education
      • “ to ensure that all Texas children have access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic and educational opportunities of our state and nation” (TEC 4.00I)
  • Texas Legislatures’ Objectives for Education
    • Participation of parents as full partners in the educational enterprise
    • Development of full student potential
    • Reduction of the dropout rate to zero
    • A well-balanced curriculum
    • Recruitment and retention of highly qualified personnel
    • Exemplary student performance
    • A safe and disciplined learning environment
    • Use of creative and innovative techniques to improve student learning
    • Implementation of technology
    • Preparation of students to become productive citizens
  • Overview
    • Chapter 2 covers laws governing student attendance and the instructional program including
      • Safe schools
      • Laws involving technology and the internet
      • Library censorship
      • Federal copyright law
      • Extracurricular activities
    • The impact of NCLB
    • School programs and the needs of special groups of students
  • Free Public Education Attendance
    • School may not begin before the week in which August 21 falls (TEC 25.0811)
    • Class size may not exceed 22 children for grades K-4
    • Children 5 years old and under 21 on Sept 1 of the school year, are eligible to attend tuition-free schools (TEC 25.001)
    • Children 6 years old to 17 years old are required to attend (TEC 25.085)
  • Impermissible Discrimination in Attendance
    • Effort to eliminate De jure racial segregation began in 1954
    • Based on Fourteenth amendment –”nor [shall any state] deny to any person within its jurisdiction the equal protection of the laws.”
    • Court rulings repeatedly struck down laws that treated people differently solely on the basis of their color or racial heritage
      • Brown v. Board of Education of Topeka-abolished “separate but equal” discriminatory practices (1954)
    • Legislative backing came in 1964 – Civil Rights Act
      • 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 of public accommodation.
      • 1968 –Courts ruled this law constitutional
      • Result of litigation and legislative act remedial mandates require good faith integration and affirmative action efforts
        • Brown II and Green v. County School Board of New Kent County
    • Federal 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 eradication of all aspects of segregated, dual school systems.
    • 1991 – US Supreme Court stated that once all vestiges of de jure segregation have been eliminated, federal court supervision may end; this can happen in stages
  • Texas and Desegregation
    • United States v. Texas
      • Statewide school desegregation order
      • Known as Civil order 5281
      • Applies to all districts except those under separate federal court order or those that have been declared unitary
      • Requires integrated bus routes; an end to discrimination in extracurricular activities and use of school facilities; nondiscrimination in personnel decision-making; a prohibition on student enrollment and assignment on the basis of race, color, or national origin; TEA approval of student transfers; nondiscrimination against students on the basis of their first language; and the establishment of complaint procedures.
    • TEA is responsible for enforcing
    • This order remains in effect today.
  • Texas Higher Education
    • Hopewood v. State of Texas (1996)
    • Fourteenth Amendment violation to give preference to African Americans and Mexican Americans in the admissions process at the University of Texas School of Law by lowering the admissions criteria
    • Court allowed other criteria that may correlate to race and ethnicity to be used (1996)
      • Including applicant’s residence, parents’ education, and economic and social background
    • Issue of race as an admissions criterion may be used if there is a “compelling interest” in achieving a diverse student body (2003)
    • Top Ten Percent (1997)-automatic admission to Texas public higher education institutions
      • All high schools must advise students about this ruling
  • Education of Undocumented Children
    • 1982-Texas could not exclude children of undocumented admitted aliens from a tuition free education (Plyer v. Doe)
      • Children could not be held responsible for being in Texas illegally
      • It’s better not to promote the “creation and perpetuation of a subclass of illiterates within our boundaries” (Justice William Brennan)
    • INS Injunction 1992- Violation of 14 th Amendment rights to question persons of Hispanic decent without reasonable cause
    • F-1 visas holders’ children are allowed a free public education as well (Islam V. Arlington ISD)
  • Impermissible Discrimination Continued
    • School transportation (1988)
      • State of N. Dakota - Districts may charge fee (required under statute) which encouraged school districts to conserve general revenue funds
      • TEC 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 (TEC 29.203)
    • Section 504 of Title V of the Rehabilitation of Act of 1973
      • Prohibits discrimination against individuals with disabilities in federally assisted public school programs
      • IDEA requires any state receiving financial assistance must assure a free, appropriate, public education to children with disabilities, and must insure rights are protected
    • Title IX of the 1972 Education Amendments
      • Prohibits intentional discrimination on the basis of sex in programs that receive federal assistance
      • Permits single-sex admissions policies in nonvocational elementary and secondary schools
      • Requires equal opportunities for males and females in athletic activities
      • 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 shall not be denied or abridged because of sex, race, color, creed or national origin
  • Residency and Guardianship
    • 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 (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 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 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 from their guardians
    • Schools cannot require persons with whom students live to secure legal guardianship. ( Byrd v. Livingston ISD) - 1987
    • TEC 25.002- 30 days to produce student’s records (immunizations, birth certificate, school records)
    • Attendance at a particular school within a district
      • Citizens for Better Education v. Goose Creek CISD (1986)-districts may re-zone attendance boundaries to improve ethnic balance
  • The Compulsory School Law
    • A person who is at least six years of age and who has not turned 18 shall attend school (TEX 25.085)
      • The student must attend for each day of instruction
      • Currently 180 days and 7 hours per day
    • Exceptions – students who are 17 or older and are studying to take the GED; private school and home school students; 16 and under court order to study and take the GED; expelled students; students with a temporary physical or mental impairment
    • TEC 29.151-Districts must provide either a half-day or full day kindergarten for children who are at least 5 years old
      • 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 or who are economically disadvantaged or homeless
  • Absences
    • 2001- Texas Legislature broadened authority of attendance officers
      • Permitted to refer students to juvenile court or file a complaint against a student in justice or municipal courts (TEC 25.088-25.091)
      • Parents must be informed
      • Class C misdemeanor
      • Up to a $500 fine (1/2 of fines collected go back to the district)
      • To gain credit for a class, the student must be in attendance for 90 percent of the days the class if offered (TEC 25.092)
  • Maintaining a Safe School Environment
    • TEC 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 rules
    • Violation of the rules is a Class C misdemeanor
    • 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 no legitimate business to enter
      • Trespass on school property – Class C misdemeanor
      • Class 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 from public school
    • 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 bus
    • Penal 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 weapon 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 or interscholastic event
    • Section 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-sanctioned function
    • TEC 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 on the grounds of an athletic event
  • Instructional Program Background
    • Goal: strengthen curriculum, measure student achievement, district/school accountability
    • Results: (+)higher percentage passing test, (-) Texas dropout rate, discriminatory testing
    • TEC§ 28.001-.002 (1981) Required Curriculum: Foundation + Enrichment = TEKS
      • State can control content of curriculum but not method or time (district).
      • High School 3 levels (minimum, recommended, advanced)
    • TEC§ 28.004 Sex Education: District choose curriculum, AG recommends TEKS, promotes abstinence, parents can waive.
    • TEC§ 29.085: provides services for pregnant students and students w/ kids
  • Student Assessment
    • Grading System: District specific
    • TEC§ 28.022 Parent Communication
      • Conferences
      • grading report (once every 12 weeks)
      • consistent failure notices (every 3-4 weeks)
    • TEC§ 39.002 Statewide Assessment (TAKS)
      • TEA develops grade appropriate tests for foundation subjects
      • no exemptions
      • Private Schools
      • Additional testing
    • State Test not discriminatory – GI Forum Image de Tejas v. TEA
  • Promotion Requirements
    • TEC§ 28.021 –no social promotion
    • TEC§ 28.0211 – Criteria for promotion
      • 2002-2003 3 rd Grade Reading
      • 2004-2005 5 th Grade Reading and Math
      • 2007 – 2008 8 th Grade Reading and Math
      • High School exit tests
    • Failure to meet standard: 2 additional attempts
      • #1 Grade appropriate accelerated Instruction
      • #2 Grade Placement Committee (GPC)
      • # 3 GPC, District monitors educational plan (pass or fail)
      • District may administer alternative assessment instrument to determine promotion
  • Graduation Requirements
    • Personal Graduation Plan: for secondary students that don’t meet standards
    • Diploma Criteria:
      • Complete required curriculum, pass exit exam
      • Sp. Ed meet above or complete IEP goals
    • Certificate of Course Work Completion:
      • Complete req. curriculum but fail exit exam
      • Participate in graduation; transcript specifies no diploma
    • Withheld Diplomas and Transcripts:
      • Lost textbooks for students and employees (TEC§ 31.104)
      • Right to transcripts
  • Grading
    • TEC§ 21.351: Does student performance impact educators evaluation?
    • Discrepancies between grades and test results
    • McLean v. Quanah ISD – competence overrides perception
    • TEC§ 28.0212: Teacher not required to chg course or exam grade unless board determines grading system conflicts with grading policy
  • School District Accountability
    • TEC§ 39.051 Academic Excellence Indicator Sys (AEIS)
        • State test results, dropout rates, student attendance, exit level assessments, SAT, re-tester progress, % of students exempt from state test, and graduation rates
    • TEC§ 11.253 Campus Improvement Plan (CIP): principal must meet annually to review and revise
    • Campus Report Card
    • District/Campus Annual Report: Public Info
    • TEA Accountability (based on AEIS)
      • Exemplary (entitlements), Recognized, Acceptable, Unacceptable (sanctions)
  • Effect of No Child Left Behind
    • NCLB Background
      • Amendment to Elem. & Secondary Educ. Act 1965
      • Purpose: hold states/districts accountable
      • Goal: raise student achievement to grade level by 2013-2014
      • Highly qualified teachers 2005-2006
    • AYP (Adequate Yearly Progress):
      • TAKS
      • Whole student population and subgroups
      • 95% participation required
    • Failure to meet AYP (unacceptable rating)
      • Sanctions (terminations, restructure, annexation, closing)
      • Parent communication and transfers
  • Objectionable Library and Study Materials
    • The library’s role is to provide a place that students can freely and voluntarily explore diverse topics
    • Parents in Texas have the right to request that their child be removed from a class or activity to which they object on religious or moral grounds – including reading a different book
    • Campbell v. St. Tammany Parish School Board
  • Computers and the Internet
    • The federal Children’s Internet protection Act (CIPA) – requires libraries and schools using Internet connections to have a filtering device in place (July 2002).
    • FERPA-Posting of personally identifiable information about student is a violation
    • Acceptable Use Policies (AUPs) – conditions for student and staff use of the Internet and other technology at school
    • Killion v. Franklin Regional School District
    • Unfamiliar territory: online bullying and texting
  • The Federal Copyright Law
    • Restricts duplication of copyrighted material
      • Scholarly used for class preparation
      • Fair use
      • Avoid wholesale copying of complete works
  • Extracurricular Activities and the UIL TEC § 33.081
    • SBOE establishes rules in limiting participation in extracurricular activities
    • Disputes over student eligibility for extracurricular activities may not be appealed into state court except on the grounds of arbitrary
    • Unfairness or failure to follow policy are not appealable to the commissioner
    • Texas Supreme Court has advised courts to avoid interfering in UIL eligibility
    • Robstown I.S.D.Case
  • Extracurricular Activities & the UIL “No Pass- No Play”
    • Implemented in 1984
    • Students who does not maintain a 70 in all courses except honors or identified advanced classes must be suspended from extracurricular activities sponsored by the district or UIL for 3 weeks
    • Students can still practice or rehearse with other students
    • Spring Branch I.S.D. v. Stamos
  • Benefits of Extracurricular Activities
    • Increases students’ academic performance
    • Increase self esteem
    • Teaches real world skills
    • Careers interests
    • Learn teamwork, leadership & social skills
    • Reduce drug/alcohol use & irresponsible sexual activity
    • Promote support among staff and teachers
  • Special Groups At Risk Children
    • Drop outs included in the Academic Excellence Indicator System (TEC § 39.051)
    • Each campus and district must develop a campus and district plan aimed at reducing drop out rates
    • Communities in Schools program – youth dropout prevention program (Education Code § § 33.151-.158)
    • Districts are required to develop appropriate compensatory or accelerated programs for students who are not performing well (TEC § 29.081)
    • Factors for determining potential dropouts – weak academic performance, limited English proficiency, child neglect or abuse and pregnancy
  • Bilingual Children
    • Federal guidelines –require schools to eliminate language deficiencies
    • Lau v. Nichols (enforcing 1964 Civil Rights Act)
      • Bilingual programs – either full immersion or providing instruction in primary language with learning English
      • TEA requires each school district with twenty or more students of limited English proficiency in the same grade to offer bilingual education in elementary and transitional language instruction in post elementary grades through eighth grade and instruction in English as a second language in grades nine through twelve (TEC §29.051)
  • Gifted Children
    • A gifted and talented student is defined as one “who performs or shows the potential for performing at a remarkably high level of accomplishment…” (TEC §29.121)
    • Each district is required to adopt a process for identifying gifted and talented students and to establish a program for those students in each grade level.
  • Abused and Neglected Children
    • Anyone having cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect shall immediately make a report to any local or state law enforcement agency, the Department of Protect and Regulatory Service or other appropriate agency (Family Code 261.101, 261.103)
  • Family Code
    • Section § 261.109: Failure to report suspected child abuse or neglect a Class B misdemeanor
    • Section § 261.106: Code expresses shields from civil/criminal liability those in good faith report suspected child abuse
    • Section §261.302: Child abuse investigations can take place while children are in school
  • References
    • Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator’s Guide to Texas School Law: (6th edition). Austin: University of Texas Press.
    • “ Characteristics of Gifted/Creative Children”. Retrieved on 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