Chapter 2 - William Allan Kritsonis, Lecture Notes

8/20/2019 Chapter 2 - William Allan Kritsonis, Lecture Notes

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Student Attendance

And

The Instructional Program

Chapter 2Public School Law

William Allan Kritsonis,PhD



:ission Statement !or Te"as#ducation$

The mission of Texas public educationsystem is “to ensure that all Texas

children have access to a qualityeducation that enables them toachieve their potential and fully participate now and in the future inthe social, economics, andeducational opportunities of our stateand nation”



Te"as Pro%ides that children who are at

least &%e '() *ears old and under twent*+

one on September st o! the school *ear

are eligible to attend school on a tuition

!ree basis-

Attendance:



ImpermissibleDiscrimination:



)esidency andGuardianship: nder TE! sec /0.112 students are entitled to attend the

schools in the district on a tuition-free basic under any ofthe followin$ scenarios:

Scenario : The student and either of the student3s parents live in the Scenario 2: +ne of the student3s parents who is a 4oint mana$in$

conservator or sole mana$in$ conservator 5with visitin$ ri$hts6 lives inthe district but the student does not.

Scenario 4$ The student and student3s $uardian or other personhavin$ lawful control of the student under a court order live in the

district. Scenario 0$ The student lives in the district and is youn$er than

ei$hteen and is or has been married or has had his 7her minority statusremoved because the student mana$es his7her own a8airs.

These are some le$al example of establishin$ residency and $uardianship.



Compulsor* School Law$

The compulsor* law re5uires that a person who isat least si" '1) *ears o! age, or *ounger than si"'1) *ears o! age and has pre%iousl* been enrolledin &rst grade, and who has not turned eighteen

') 6shall attend school7 'T#C sec 2(-8()- The school *ear consists o! 8 da*s o!

instruction, and the school da* shall be !or atleast 3hours-

A student who is se%enteen *ears o! age or older

and has a high school e5ui%alenc* certi&cate orhigh school diploma is e"empted !rom thecompulsor* school law-



9bsences:

nder sec 2(-8/4 students that have unexcusedvoluntary absences for ten or more days within asix-month period or three or more days or partsof days within a four-week period as specied in

Texas ,amily !ode sec 0(.1;5b65/6. Theattendance ocer is re<uired to le a complainta$ainst the parent in the appropriate court.

,ailure to have the child attend school is a !lass

! misdemeanor. !lass ! misdemeanor carries a maximum =011

ne.



aintaining a sa!e school#n%ironment:

Maintaining a positive school environment is essential tothe success of a

school.

The term Child is dened in sec. 51.02(2) of the Texas

amil! Code as a person "ho is (#) ten !ears of age orolder and under seventeen and !ears of age$ or (%)seventeen or older and under eighteen and charged"ith$ or found to have engaged in$ delin&uent conductor conduct indicating a need for supervision as a resultof acts committed 'efore 'ecoming seventeen.

TC sec.*.+0+ provides that the criminal la"s of thestate appl! to areas under the ,urisdiction of the school'oard. ach school district has the authorit! to adopttheir o"n safet! rules



The 2nstructional ro$ram:

There "as a ma,or push in the1-0/s$ "hich focused on improvingstudent learning. Through this

process the school districtsstrengthen their curriculum$measure student achievement$ and'egin to hold school districts andschools accounta'le.



The )e<uired !urriculum:

Te"as Legislature passed le$islation in(>?( re<uirin$ a well-balancedcurriculum in Texas public school

districts. "ec. /?.112 of Texas Education !ode

re<uires school districts to o8er both afoundation curriculum an enrichment

curriculum. 9oundation Curriculum 'En$lish @an$ua$e artsA mathematicsA scienceA and

social studies6

#nrichment Curriculum ',orei$n @an$ua$esA healthA physical educationA neartsA economicsemphasis on free enterpriseCA career and technolo$yA andtechnolo$y application)



"tudent 9ssessment:

The le$islature has directed the "tate Board to establisha statewide student knowled$e and skills-basedassessment pro$ramA formally known as the Texas9ssessment %nowled$e and "kills 5T9%"6 is now called

"tate of Texas 9ssessment of 9cademic )eadiness5"T9))6.

The le$islature is phasin$ out the T9%" and replacin$ itwith end-of-course exams in the core sub4ect areas for$rades >-(/.

Each student who fails to perform successfully on a stateassessment instrument in $rades ;-? or an end-of-courseexam shall be provided accelerated instruction in thedecient sub4ect 5TE! DD/?.1/((5a-26A ;>.1/05b-26.



"chool &istrict9ccountability: TE! ;>.10; directs the commissioner of education to

establish a set of student achievement indicators thatinclude such items as results on state-mandatedassessment instrumentsA results of retestin$ on

assessments re<uired for $raduationA success inmeetin$ the colle$e readiness standardsA drop-outratesA and hi$h school $raduation rates.

"chool districts and individual schools also are heldaccountable to TE9 throu$h accreditation process.

Each year the commissioner shall desi$nate a schooldistrict as accreditedA accredited-warnedA oraccredited-probation after considerin$ the district3sperformance .



The E8ects of the 'o !hild @eft Behind 9ct

The 'o !hild @eft Behind 9ct 5'!@B6 of /11(was si$ned into law by resident Geor$e *.

Bush in anuary /11/ amendin$ the Elementaryand "econdary Education 9ct of (>0.

The primary $oal of this 9ct was to raisestudent achievement by holdin$ states andschool districts to hi$h standards with strictaccountability re<uirements.

Each state must have a timeline that ensuresall students will meet or exceed the state3s

Fprocient level of academic achievement.



:emo%al o! ;b.ectionable Librar* andStud* aterials$

2n (>?/ the .". "upreme !ourt armed a lower courtdecision orderin$ a trial to determine why a school boardremoved controversial books from the 4unior and seniorhi$h school libraries 5Board of Education of Island Trees

v. ico!. The .". !ourt of 9ppeals for the ,ifth !ircuit had an

opportunity in (>>0 to apply the ico rulin$ to a@ouisiana school district3s removal of a controversialbook on 9frican tribal reli$ion from the school library

5"ampbell v. #t. Tammany arish #chool Board6. 9fter the parent of a middle school student sou$ht to

remove Hoodoo I Joodoo by im Jaskins. The book wasrecommended to be retained with strict access.



The 9ederal Cop*rightLaw: Teachers may make a sin$le copy for scholarly use

for class preparationA or multiple copies forclassroom useA of a chapter from a bookA anewspaper or ma$aKine articleA a short story or

poemA or a chartA $raphA dia$ramA cartoonA pictureunder certain $uidelines are met:

The copyin$ is at the instance and inspiration ofthe teacherA there is not sucient time prior to

use to re<uest permission from publisherA copyin$is only for the course in school and each copymust include a notice of copyri$ht that appears inthe book or periodical.



T*pes o! Cop*righted aterial:

Books

'ewspapers

#a$aKines

#usic

Television

"oftware



#"tracurricular Acti%ities and the <IL:

TE! ;;.1?( leaves to the "tate Board of Educationthe establishment of rules limitin$ participation inextracurricular activities durin$ the school dayand school weekA includin$ practice times.

The Fno pass-no play law species that a studentwho does not maintain a $rade of L1 in all coursesexcept certain honors or advanced classes mustbe suspended from extracurricular activities

sponsored by the district or 2@ for at least threeschool weeks or until the $rade is raised to L1 orhi$her.



>ilingual Children:

TE! />.10( asserts that En$lish is theprimary lan$ua$e in Texas. The provisionre<uires each school district with twenty

or more students of limited En$lishprociency in the same $rade to o8erbilin$ual education in kinder$artenthrou$h elementary $radesM bilin$ual

educationA instruction in En$lish as asecond lan$ua$eA or other transitionallan$ua$e instruction approved by TE9.



=i!ted Children:

9 $ifted and talented student is denedas one Fwho performs at or shows thepotential for performin$ at a hi$h level of

accomplishment when compared toothers of the same a$eA experience orenvironment and exhibits hi$hperformance in intellectualA creative or

artistic eldA possesses leadership orexcels in a specic academic eld.



Abused and ?eglected Children:

9 child is dened as a person under the a$e ofei$hteen.

9buse includes mental or emotional in4ury by

any person that impairs the child3s $rowthAdevelopmentA or psycholo$ical functionin$Mphysical in4ury or threat of physical in4ury byany person a$ainst the child.

'e$lect includes failure by the personresponsible for the child5includin$ a teacher6 toprotect a child from a situation that could

endan$er the child.



)eference:

*alshA @. E.A %emererA ,.A #aniotisA @.5/1(16. The Educators $uide to Texas

#chool %aw50th ed.6 niversity of TexasressA 9ustin

Chapter 2 - William Allan Kritsonis, Lecture Notes

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