8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis http://slidepdf.com/reader/full/chapter-2-st-attnand-instruct-prog-dr-wa-kritsonis 1/26 Public School Law William Allan Kritsonis, PhD STUDENT ATTENDANCE AND THE INSTRUCTIONAL PROGRAM
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Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
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8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
SECTION 504 OF TITLE V OF THE REHABILITATION ACT OF
1973
• Prohibits discrimination againstindividuals with disabilities in federally
assisted public schools programs.
• The Individuals with DisabilitiesEducation Act (IDEA) requires that anystate receiving financial assistanceunder the act must assure a free,appropriate public education to children
disabilities.
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
• Exceptions to Attendance Requirements• Child is 16, and in a course of instruction as recommended by a public agency
with custody of child; child is 17 and has a high school certificate; enrolled inprivate or parochial school which includes a course in good citizenship;handicapped child or child with mental condition making attendance infeasible;is expelled
• Home School Provisions• Children taught in a bona fide manner from curriculum designed to meet basic
education goals (Texas Education Agency v. Leeper, 1994)
• Penalties on Parents for Noncompliance• Warn parent in writing; on noncompliance, file complaint against parents for
offense of Class C misdemeanor; each day constitutes separate offense
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
school must notify parents at the beginningof the school year that if a student isabsent from school on ten or more full orpartial days with in a six month period in
the same year or on three or more days orparts of days within a four-week periodboth the student and the parent are subjectto prosecution.
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
excuse on three or more full or partial dayswithin a four-week period, the district mayfile a complaint in an appropriate court orrefer the student to a juvenile court
• Failure to have a child attend school is aClass c misdemeanor.
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
• Students, like othercitizens, are subject to thelaws of the community,state and nation.
• Under certaincircumstances they can beheld accountable for theirillegal acts on schoolpremises in the criminal or
juvenile justice systemswhether or not they aresubject to the authority of the school
• TEC §37.125 Provides that aperson commits a third-degree felony by exhibiting,using, or threatening toexhibit or use a firearm tointerfere with the normal useof a public or private schoolor school bus
• The federal Gun Free SchoolAct of 1994 requires a one-year expulsion for students
who come to school withguns
• Related Cases• United States v. Lopez, 1995
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
• TEC §33.081: The State Board of Education establishes therules limiting participation in extracurricular activities during theschool day and school week, including practice times
• TEC §33.082: Prohibits a school district from holding an
extracurricular activity, including practice time, in an athleticclub that discriminates on the basis of race, color, religion,creed, national origin or sex
• TEC §33.083: The Texas Legislature has limited the autonomyof the UIL by requiring it to submit its rules and procedures tothe commissioner of education for the latter’s approval ormodification
• Related Cases• Spring Branch I.S.D. v. Stamos, 1985
• Niles v. University Interscholastic League, 1983
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
• At-Risk Children• TEC §§33.151-.158: Addresses Communities in
Schools in drop-out prevention
• TEC §29.081: Requires districts to developappropriate compensatory or accelerated
programs for students who are not performingwell or at risk of dropping out or has notperformed well on secondary exit-level test
• Bilingual Children• In Lau v. Nichols, 1974 the U.S. Supreme Court
decided that federal guidelines enforcing Title VIof the 1964 Civil Rights Act require schooldistricts to eliminate language deficiencies where
school board policies discriminate againstminorities
• TEC §29.056: TEA is required to developstandardized criteria for identifying, assessingand classifying bilingual students.
• Gifted Children• TEC §29.121: Defines gifted as one who
performs at or shows the potential forperforming at a remarkably high level of accomplishment when compared to others of thesame age, experience or environment and whoexhibits high performance capability in anintellectual, creative, or artistic field; possessesan unusual capacity for leadership, or excels in aspecific academic field
• Abused and NeglectedChildren
• Provisions of the Family Code requires thatanyone having cause to believe that a child’sphysical or mental health or welfare has been ormay be adversely affected by abuse or neglectshall immediately make a report to any local orstate law enforcement agency, the Department
of Protective and Regulatory Services
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
• Provisions of the Family Code requires that anyone having cause to believe that achild’s physical or mental health or welfare has been or may be adversely affectedby abuse or neglect shall immediately make a report to any local or state lawenforcement agency, the Department of Protective and Regulatory Services
• Failure to report suspected child abuse or neglect is a Class B misdemeanor
• In addition to observing the reporting requirement under the Family Code, Asuperintendent or director of a school district, regional education service center orshared services arrangement now is required to notify the State Board for EducatorCertification (SBEC) upon reasonable belief that an educator employed or seekingemployment has a criminal record, an educator was terminated based on abuse of or other unlawful act with a student or minor or an educator resigned based on
such misconduct and reasonable evidence supports a recommendation fortermination
• Related Cases
• Morris v. State, 1992
• Chaney v. Corona, 2003
• Texas Education Agency v. Morris, 1994
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis
• While racial and ethnic discrimination issuescommand less attention today than in thepast, sex discrimination and harassment havebecome major concerns
• Virtually all students are entitled to a tuition-free education
• Despite the fact that local districts have someauthority, significant top-down authorityremains with state and federal law makers
8/14/2019 Chapter 2 St. Attn.and Instruct. Prog. - Dr. W.A. Kritsonis