Attendance and the Law PPT. - William Allan Kritsonis, PhD

1. Attendance
Student Attendance
and the Instructional Program
Attendance
Impermissible Discrimination
Residency and Guardianship
The Compulsory School Law
Absences
Maintaining a Safe School Environment
The Instructional Program
The Required Curriculum
Student Assessment
TEC § 28.002: Districts must establish a policy for parent conferences and requires
notification of grades at least once every 12 weeks
TEC § 39.022: State board must establish statewide student knowledge and skills-
based assessment program
School District Accountability
TEC § 39.051: Directs the State Board to establish academic excellence indicators
for school campuses
TEC § 29.053 Annual reports describing the educational performance of the district
and each campus should be distributed annually:
Removal of Objectionable Library and Study Materials
Should schools inculate community values as reflected in school board decisions?
OR
Should schools foster a marketplace of ideas?
Board of Education v. Island Trees v. Pico: 5-4 Supreme Court decision to order a trial to
determine reasoning behind removing books from a junior and senior high school libraries.
This supports the view that the first amendment has a play in such actions.
Computers and the Internet
Children's Internet Protection Act (CIPA) requires both libraries and schools receiving
federal E-rate or Elementary and Secondary Education Act funds for Internet use to
have filtering devices in place by July, 2002.
Acceptable Use Policies (AUPs) set forth conditions for using the Internet and other
technology at school. They inform users that they are being
monitored, etc. The Federal Communications Act provides that it is not unlawful to
intercept email where one of the parties has given prior consent.
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2. Attendance
The Federal Copyright Law
Intent: To allow "fair use" but to avoid wholesale copying of complete works in
substitute of purchase. 1976 revised law does not prohibit, but does restrict
duplicating copyrighted material for classroom use. Certain conditions must be met:
1. The copying is at the instance/inspiration of the teacher
2. There is not sufficient time to request permission from publisher
3. The copying is only for one course in the school
4. Each copy includes a notice of copyright as it appears in the publication (Chart, page
77)
Extracurricular Activities and the UIL
TEC § 33/031: State Board establishes rules limiting participation in extracurricular activities.
Most disputes involving participation stop at the school board level. Texas Supreme Court
has advised courts to avoid interfering in UIL eligibility. (Robstown ISD: UIL in contempt
when it did not comply with the court's order to hold a playoff game between the team
and another team that had qualified for the tournament. Higher court found that the trial
court had abused its discretion).
Addressing the Needs of Special Groups
At-Risk Children
TEC § 29.081: Each district should develop appropriate compensatory or
accelerated programs for students not performing well. Districts are required to
document the effectiveness of accelerated instruction in reducing the dropout rate
and increasing student achievement.
Bilingual Children
LAU v. Nichols: Schools are required to comply with government regulations issued
pursuant to the 1964 Civil Rights Act requiring steps to rectifying language
deficiencies
TEC § 29.051: English is the primary language of Texas. Each district with 20 or more
students of LEP in the same grade is to offer bilingual education in elementary
grades, bilingual education, ESL instruction, or other transitional language instruction
in the middle grades, and ESL instruction in secondary grades.
Gifted Children
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
Family Code requires the reporting of suspected child abuse to appropriate
agency. Section 261.109 of the Family Code makes failure to report abuse a Class B
misdemeanor.
Pike v. Southwest ISD: Commissioner noted that the district's policy and the
principal's directive interfered with "a superior duty imposed directly on petitioner
under provisions of the Family Code". An employer may not penalize an employee
who reports child abuse in good faith.
Family Code 261.302 states that child abuse investigations can take place while
children are in school. TPIA allows access to student records in connection with child
abuse cases.
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3. Attendance
Web Resources
The Compulsory School Law:
http://www.thsc.org/about_us/texlaws.asp
Absences:
http://www.tea.state.tx.us/home.school/hometec.html
Texas Education Agency Resources:
http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?
sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=129&rl=21
http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?
sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=129&rl=22
Texas School District Accountability (TEA):
http://www.tea.state.tx.us/perfreport/account/
Removal of Objectionable Library and Study Materials:
http://www.iit.edu/departments/csep/PublicWWW/codes/coe/American%20Library%
20Association%20%20restricted%20access%20to%20library%20materials.html
Computers and the Internet:
Copyright information
http://www.intel.com/education/newtotech/copyright.htm
http://www.benedict.com/
Bilingual Education:
http://www.tcbee.org/legal.htm
Gifted Children:
http://www.coe.unt.edu/gifted/Resources/Research_tchr.htm
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