Chapter One Overview, School Law, Dr. William Allan Kritsonis
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Transcript of Chapter One Overview, School Law, Dr. William Allan Kritsonis
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Public School LawPublic School Law
Overview of Education Law, TexasOverview of Education Law, TexasSchools, & Parent RightsSchools, & Parent Rights
William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD
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Sources of LawSources of Law
Constitutional: Federal and StateConstitutional: Federal and State Supreme law of the landSupreme law of the land
StatutoryStatutory Law enacted by a legislative bodyLaw enacted by a legislative body
Texas Education Code (applies to the daily operation of Texas Education Code (applies to the daily operation of school)school) State Board of Education (SBOE)State Board of Education (SBOE) Texas Education Agency (TEA) Texas Education Agency (TEA) School Boards, Charter Schools, School personnelSchool Boards, Charter Schools, School personnel
AdministrativeAdministrative Implements the state and federal statutory lawsImplements the state and federal statutory laws
Judicial Judicial Composed of state and federal court decisionsComposed of state and federal court decisions
Final say over disputes between constitutional statute andFinal say over disputes between constitutional statute andadministrative lawsadministrative laws
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Constitutional LawConstitutional Law
SourcesSources
Tenth Amendment to U.S. ConstitutionTenth Amendment to U.S. Constitution ““ The powers not delegated to the United States The powers not delegated to the United States
by the Constitution, nor prohibited by it to theby the Constitution, nor prohibited by it to the
States, are reserved to the States respectively.”States, are reserved to the States respectively.”
The Bill of Rights & 14The Bill of Rights & 14thth Amendment Amendment Protects certain civil liberties of employees andProtects certain civil liberties of employees and
students in the public schoolsstudents in the public schools
Texas Constitution of 1876 & Bill of RightsTexas Constitution of 1876 & Bill of Rights Authorizes the state legislature to support andAuthorizes the state legislature to support and
maintain an efficient system of public free schoolsmaintain an efficient system of public free schoolsand provides fro individual civil libertiesand provides fro individual civil liberties
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Statutory LawStatutory Law
Acts of CongressActs of Congress Guarantee various civil rights and establish theGuarantee various civil rights and establish the
conditions which states and political subdivisions receiveconditions which states and political subdivisions receive
federal funds.federal funds.
Acts of Texas Legislature (Texas EducationActs of Texas Legislature (Texas Education
Code)Code) Sets up the SBOE and TEA to carry out limitedSets up the SBOE and TEA to carry out limited
educational functions.educational functions. Actual operation of schools left to school districtsActual operation of schools left to school districts
School districts and personnel are part of the stateSchool districts and personnel are part of the state
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Administrative LawAdministrative Law
Federal administrative regulationsFederal administrative reg
ulations TEA and local school districts must comply withTEA and local school districts must comply with
the regulations set forth by federal educationalthe regulations set forth by federal educational
agencies implementing federal statutesagencies implementing federal statutes
Policies and rulings by school boards, TexasPolicies and ruling
s by school boards, Texas
Commissioner of Education, and SBOECommissioner of Education, and SBOE Policies, rules, and appeal decisions are classified Policies, rules, and appeal decisions are classified
as administrative lawas administrative law
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Judicial LawJudicial Law
Decisions of state courtsDecisions of state courts Any aggrieved person can appeal an adverseAny aggrieved person can appeal an adverse
administrative ruling from the commissioneradministrative ruling from the commissioner
into state courtsinto state courts
Decisions of federal courtsDecisions of federal courts Lowest federal court is the district courtLowest federal court is the district court
13 Appellate federal courts (TX: 513 Appellate federal courts (TX: 5thth
Circuit)Circuit) The U.S. Constitution provides that any state action, The U.S. Constitution provides that any state action,
law, or constitutional provision that conflicts with thelaw, or constitutional provision that conflicts with the
Constitution or a federal law is null and void.Constitution or a federal law is null and void.
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Overall Structure of TexasOverall Structure of Texas
Administrative LawAdministrative Law (Fig. 1, pg. 7)(Fig. 1, pg. 7)
State Board of Education
State Commissioner
of Education
Local School District Local School Board
State Commissioner
Of Education
RULES
POLICIES AND
REGULATIONS
COMPLAINTS
APPEALS
State
Court
Administrator,Teachers, Students, Parents
Administrator,Teachers, Students, Parents
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Structure and Governance of the TexasStructure and Governance of the Texas
School SystemSchool SystemTexas LegislatureTexas Legislature
Responsible for the structure and operation of TX public school systemResponsible for the structure and operation of TX public school system
State Board of Education and the Texas Education AgencyState Board of Education and the Texas Education Agency 1995 SBOE separated from TEA by TX legislature1995 SBOE separated from TEA by TX legislature Elected body of 15 membersElected body of 15 members TEA composed of TX Commissioner of EducationTEA composed of TX Commissioner of Education
Local School DistrictsLocal School Districts
Governed by the local board of trusteesGoverned by the local board of trustees
Charter SchoolsCharter Schools Operates relatively free of state regulationOperates relatively free of state regulation Home-Rule District Charter, Campus Charter, Open-Enrollment CharterHome-Rule District Charter, Campus Charter, Open-Enrollment Charter
Private SchoolsPrivate Schools Pierce v. Society of Sisters (1925): all students are not required to attend public schoolsPierce v. Society of Sisters (1925): all students are not required to attend public schools Protects parent right to chooseProtects parent right to choose
School AdministratorsSchool Administrators Superintendent: Chief Operating Officer of public school district, responsible forSuperintendent: Chief Operating Officer of public school district, responsible for
implementing policies of the boardimplementing policies of the board Principal: Frontline administrator; statutory responsibility; under the direction of Principal: Frontline administrator; statutory responsibility; under the direction of
superintendent to administer the day-to-day operations of the schoolsuperintendent to administer the day-to-day operations of the school
District and Campus Level Decision-MakingDistrict and Campus Level Decision-Making Campus Improvement Plan (CIP)Campus Improvement Plan (CIP)
Academic Excellence Indicator System (AEIS): identifies how campus goals will be metAcademic Excellence Indicator System (AEIS): identifies how campus goals will be met
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How the U.S. Constitution and FederalHow the U.S. Constitution and Federal
Government Affect TX SchoolsGovernment Affect TX Schools
Federal Statutes that directly affect the day-to-day operations of Texas Public Schools, some alsoFederal Statutes that directly affect the day-to-day operations of Texas Public Schools, some alsoapply to private schoolsapply to private schools
42 U.S.C42 U.S.C §1981: Right to make and enforce contracts free of racial§1981: Right to make and enforce contracts free of racialdiscrimination in both the public and private sectors.discrimination in both the public and private sectors.
42 U.S.C42 U.S.C §1983: Allows suits for injunctive relief and compensatory§1983: Allows suits for injunctive relief and compensatory
damages against public school districts that through policy or practicedamages against public school districts that through policy or practicedeprive person of US constitutional and federal statutory rights.deprive person of US constitutional and federal statutory rights.
Civil Rights Act of the 1964Civil Rights Act of the 1964 Title VI-Prohibits intentional discrimination in federal assisted programs. Title VI-Prohibits intentional discrimination in federal assisted programs. Title VII- prohibits discrimination in public and private employment Title VII- prohibits discrimination in public and private employment
Age Discrimination in Employment Act of 1967: Prohibits discriminationAge Discrimination in Employment Act of 1967: Prohibits discriminationof persons forty or over unless age is a bona fide qualification necessaryof persons forty or over unless age is a bona fide qualification necessaryto carry out job responsibilities.to carry out job responsibilities.
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Americans with Disabilities Act of 1990: accords persons with disabilitiesAmericans with Disabilities Act of 1990: accords persons with disabilitiesmeaningful access to the programs and facilities of public and private schools asmeaningful access to the programs and facilities of public and private schools aswell as most businesses in the country. Also prohibits discrimination in publicwell as most businesses in the country. Also prohibits discrimination in publicand private employment, and requires employers to make reasonableand private employment, and requires employers to make reasonableaccommodation for disabled persons to enable them to perform the job.accommodation for disabled persons to enable them to perform the job.
Individuals with Disabilities Education Act: requires schools to identify childrenIndividuals with Disabilities Education Act: requires schools to identify childrenwith disabilities and provide them a free, appropriate public education in thewith disabilities and provide them a free, appropriate public education in theleast restrictive environment. Works in conjunction with §504 of the 1973least restrictive environment. Works in conjunction with §504 of the 1973Rehabilitation Act.Rehabilitation Act.
Title IX of the 1972 Education Amendments: prohibits discrimination against Title IX of the 1972 Education Amendments: prohibits discrimination againstpersons on the basis of sex in any federally assisted education program.persons on the basis of sex in any federally assisted education program.
No Child Left Behind Act: attempts to raise student achievement levels byNo Child Left Behind Act: attempts to raise student achievement levels byholding states and school districts to strict accountability standards. All studentsholding states and school districts to strict accountability standards. All studentsmust make adequate yearly progress and all students will be on performing atmust make adequate yearly progress and all students will be on performing atgrade-level by 2013-2014.grade-level by 2013-2014.
Equal Access Act: Provides the exclusive means fro students to engage inEqual Access Act: Provides the exclusive means fro students to engage inreligious expression on school.religious expression on school.
Family Educational Rights and Privacy Act aka FERPA (Buckley Amendment):Family Educational Rights and Privacy Act aka FERPA (Buckley Amendment):regulates student record-keeping activities by giving parents and studentsregulates student record-keeping activities by giving parents and studentsaccess to student records, the right to challenge material contained therein, andaccess to student records, the right to challenge material contained therein, andthe right to restrict disclosure of personally identifiable information.the right to restrict disclosure of personally identifiable information.
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School FinanceSchool Finance
Shared arrangement between state and local school districts.Shared arrangement between state and local school districts. 1876: Texas Legislature established the Available School Fund with funding1876: Texas Legislature established the Available School Fund with funding
provided on a per capita basis.provided on a per capita basis.
1949: Gilmer-Aikin Bill established Minimum Foundation Program (MFP),1949: Gilmer-Aikin Bill established Minimum Foundation Program (MFP),through which state funds were distributed by a complicated economicthrough which state funds were distributed by a complicated economicindex.index.
1973:1973: San Antonio I.S.D. v. Rodriguez San Antonio I.S.D. v. Rodriguez argued that MFP violated 14argued that MFP violated 14thth amendment. U.S. Supreme Court ruled it constitutional, urges TX to developamendment. U.S. Supreme Court ruled it constitutional, urges TX to developa more equitable system.a more equitable system.
1993: TX determines state and local funding levels for public education1993: TX determines state and local funding levels for public educationthrough a system of formulas known as Foundation School Program (FSP).through a system of formulas known as Foundation School Program (FSP).
This was a response to judicial mandates of the This was a response to judicial mandates of the Edgewood Edgewood school financeschool financelawsuit.lawsuit.
1997: TX added a new instructional facility allotment to the state system of 1997: TX added a new instructional facility allotment to the state system of school financeschool finance
1999: TX legislature adjusted program to help school districts pay for old1999: TX legislature adjusted program to help school districts pay for olddebt as well as debt for new instructional facilities.debt as well as debt for new instructional facilities.
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Edgewood ISD CasesEdgewood ISD Cases
1989 (Edgewood I)1989 (Edgewood I) Texas Supreme Court ruled finance system unconstitutional. Texas Supreme Court ruled finance system unconstitutional.
Edgewood ISD v. Kirby Edgewood ISD v. Kirby
1991 (Edgewood II)1991 (Edgewood II) Texas Supreme Court ruled new finance system established in 1990 Texas Supreme Court ruled new finance system established in 1990
unconstitutional because it did not correct deficiencies noted in Edgewood I.unconstitutional because it did not correct deficiencies noted in Edgewood I. Edgewood IIF1/2—TSC refuses to overrule 1931 decision prohibiting use of localEdgewood IIF1/2—TSC refuses to overrule 1931 decision prohibiting use of local
property taxes outside the district. Suggest tax base consolidationproperty taxes outside the district. Suggest tax base consolidation
1992 (Edgewood III)1992 (Edgewood III) TSC declares CED unconstitutional TSC declares CED unconstitutional
Carrollton-Farmers Branch ISD v. Edgewood ISDCarrollton-Farmers Branch ISD v. Edgewood ISD
1995 (Edgewood IV)1995 (Edgewood IV) TSC declares Robin Hood plan constitutional TSC declares Robin Hood plan constitutional
Edgewood ISD v. MenoEdgewood ISD v. Meno
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Basic Elements of Texas PublicBasic Elements of Texas Public
Finance SystemFinance System
May offerhomeste
adexemption up to
20%Local fundingalmost
exclusively fromproperty taxes5% from co-
curricularrevenue,
interest income,and misc. local
fundsBase funding levelfor all students at alocal rate of $0.86per $100 of property value
Guaranteed yield mechanismState guarantees school districts ayield of $21 per student for every
$0.01 of tax above $0.86 Yield rose to $24.70 in 1999
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Tax & Spending LimitsTax & Spending Limits
School district property tax rates have twoSchool district property tax rates have twocomponentscomponents
1.1. Maintenance and operations tax rate (M&O)Maintenance and operations tax rate (M&O) Funds administrative and operational costsFunds administrative and operational costs Limited to $1.50 per $100 assessed valuationLimited to $1.50 per $100 assessed valuation
1.1. Interest and sinking rate (I&S)Interest and sinking rate (I&S) Aka—debt service rate which is used for facilitiesAka—debt service rate which is used for facilities
construction and renovation.construction and renovation. Districts permitted to adopt up to $0.50 of I&SDistricts permitted to adopt up to $0.50 of I&S
taxes at the time bonds are issued.taxes at the time bonds are issued.
Source: Clark, pg. 3 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf Source: Clark, pg. 3 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf
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Additional Finance InformationAdditional Finance Information
General Revenue Fund (GRF)General Revenue Fund (GRF) Finances state’s share of education budgetFinances state’s share of education budget 55% provided by sales tax55% provided by sales tax 45% comes from other tax sources45% comes from other tax sources
Corporate franchise, motor fuels, natural gas & oil, “sin” taxes,Corporate franchise, motor fuels, natural gas & oil, “sin” taxes,insurance & utility, lottery. (1999 sources)insurance & utility, lottery. (1999 sources)
Categories for fund appropriationCategories for fund appropriation Foundation School Fund—largest fund (~ $14.8 billion)Foundation School Fund—largest fund (~ $14.8 billion) Available School Fund (comprised of Permanent School fund andAvailable School Fund (comprised of Permanent School fund and
25% of motor fuels tax)25% of motor fuels tax) State Textbook FundState Textbook Fund Technology allotment (purchase computers, other technology, teacher Technology allotment (purchase computers, other technology, teacher
training—distributed at a rate of $30 per pupiltraining—distributed at a rate of $30 per pupil Remainder of fund distributed according to student population; in 1999Remainder of fund distributed according to student population; in 1999
$277 per student.$277 per student.
Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf
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Foundation School ProgramFoundation School Program
Foundation School Program (FSP): State and localFoundation School Program (FSP): State and localfunds for public education in Texas are allocatedfunds for public education in Texas are allocatedthrough a system of formulas known collectivelythrough a system of formulas known collectivelyas the FSP. Consists of two Tiers.as the FSP. Consists of two Tiers.
Tier 1—foundation program that includes adjustments Tier 1—foundation program that includes adjustmentsand weights designed to distribute funding according toand weights designed to distribute funding according tothe characteristics of the school district and its studentsthe characteristics of the school district and its students
Tier 2—a guaranteed yield program that guarantees Tier 2—a guaranteed yield program that guaranteesschool districts the equivalent of $210K in taxableschool districts the equivalent of $210K in taxableproperty wealth per weighted studentproperty wealth per weighted student
Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf
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Students in average daily attendance (ADA)Students in average daily attendance (ADA) Many components of school funding and finance areMany components of school funding and finance are
expressed on a per “weighted ADA” (WADA)expressed on a per “weighted ADA” (WADA)
WADA is determined by taking the total Foundation SchoolWADA is determined by taking the total Foundation School
Program (FSP) allotment, subtracting the transportationProgram (FSP) allotment, subtracting the transportationallotment and ½ the adjustment attributable to the Cost of allotment and ½ the adjustment attributable to the Cost of
Education Index (CEI)Education Index (CEI)
In 1998-1999 school year Basic Allotment (BA)In 1998-1999 school year Basic Allotment (BA)
was $2,396 per student.was $2,396 per student.
Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf
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House Bill 3646House Bill 3646(2009)(2009)
“CSHB 3646 would amend the calculation of thebasic allotment, guaranteed yield allotment, andequalized wealth level, tying them to thestatewide average property value. All formula
calculations would use a school district’s currentyear taxable property value. All midsize schooldistricts, regardless of property wealth, would beeligible for the small and midsize school districtadjustment within the formula.”
Sources: http://www.hro.house.state.tx.us/PDF/ba81r/HB3646.PDF
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Parent RightsParent Rights
1923—USC ruled that parents have a1923—USC ruled that parents have a
constitutionally protected right to controlconstitutionally protected right to control
their children’s upbringingtheir children’s upbringing
Constitutional law does not generally supportConstitutional law does not generally support
parents rights, however, Texas statutory lawparents rights, however, Texas statutory law
provides significant support.provides significant support. TEC §4.001) states, “Parents will be full partners withTEC §4.001) states, “Parents will be full partners with
educators in the education of their children.” educators in the education of their children.”
C
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Texas Education CodeTexas Education Code
Chapter 26Chapter 26
Parental Rights and ResponsibilitiesParental Rights and Responsibilities
(1995)(1995)
Term “parent” includes a person standing in a parental relationship. Term “parent” includes a person standing in a parental relationship.
Does not include a person whose parental rights have beenDoes not include a person whose parental rights have been
terminated by a court order.terminated by a court order.
Purpose of Ch. 26:Purpose of Ch. 26: Parents are partners with educators, administrators, and school districtParents are partners with educators, administrators, and school district
boards of trustees in their children’s education.boards of trustees in their children’s education.
Rights in Ch. 26 are not exclusive, does not limit parent rights underRights in Ch. 26 are not exclusive, does not limit parent rights under
other law.other law.
Parental rights may not be limited, unless otherwise provided by law.Parental rights may not be limited, unless otherwise provided by law.
Board of trustees will provides for procedures to consider complaints thatBoard of trustees will provides for procedures to consider complaints thata parent’s rights have been denied.a parent’s rights have been denied.
Board of trustees will aid in establishing at least one parent-teacherBoard of trustees will aid in establishing at least one parent-teacher
organization at each school in the district to promote parentalorganization at each school in the district to promote parental
involvement in school activities.involvement in school activities.
http://tlo2.tlc.state.tx.us/statutes/docs/ED/content/pdf/ed.002.00.000026.00.pdf http://tlo2.tlc.state.tx.us/statutes/docs/ED/content/pdf/ed.002.00.000026.00.pdf
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Rights Concerning Academic ProgramsRights Concerning Academic Programs (TEC(TEC §26.003)§26.003)
Parent is entitled to:Parent is entitled to: Petition the board to have their child placed at a particularPetition the board to have their child placed at a particular
school or to contest the school assignmentschool or to contest the school assignment
Request a designated school administrator to have their childRequest a designated school administrator to have their childreassigned from a particular class or teacherreassigned from a particular class or teacher
Request addition of a specific academic class; student to beRequest addition of a specific academic class; student to bepermitted to attend a class for credit above student grade levelpermitted to attend a class for credit above student grade level(whether at home school or not),(whether at home school or not),
Student to graduate early an participate in graduationStudent to graduate early an participate in graduationceremonies if all credit requirements have been met.ceremonies if all credit requirements have been met.
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Rights Concerning State Virtual SchoolRights Concerning State Virtual School
NetworkNetworkTECTEC §26.031§26.031
Parent entitled to be notified by districtParent entitled to be notified by district
of the option to enroll in an electronicof the option to enroll in an electronic
course offered through the state virtualcourse offered through the state virtual
school networkschool network
School district may not unreasonablySchool district may not unreasonably
deny request of a parent to enrolldeny request of a parent to enrollstudent in an electronic coursestudent in an electronic course
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Access to Student RecordsAccess to Student Records(TEC(TEC §26.004)§26.004)
A parent is entitled access to allA parent is entitled access to all written recordswritten records of a school district concerning the parent’s child.of a school district concerning the parent’s child.
Attendance recordsAttendance records
Test scores Test scores (TEC §26.005 also gives parents access to a copy of (TEC §26.005 also gives parents access to a copy of
the state assessment instrument administered to their child)the state assessment instrument administered to their child)
GradesGrades
Disciplinary recordsDisciplinary records
Counseling recordsCounseling records
Psychological recordsPsychological records
Applications for admissionApplications for admission
Health and immunization informationHealth and immunization information Teacher and counselor evaluations Teacher and counselor evaluations
Reports of behavioral patternsReports of behavioral patterns
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Access to Teaching MaterialsAccess to Teaching Materials(TEC(TEC §26.006)§26.006)
Parents entitled to:Parents entitled to: Review all teaching materials, textbooks,Review all teaching materials, textbooks,
and teaching aids used in the classroomand teaching aids used in the classroom
Review each test administered to theReview each test administered to thestudent, after the test is administeredstudent, after the test is administered
Request the district/ school to allow theRequest the district/ school to allow thestudent to take home any textbook usedstudent to take home any textbook usedby the student (subject to availability)by the student (subject to availability)
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Access to Board Meetings and Right to FullAccess to Board Meetings and Right to Full
Information Concerning StudentInformation Concerning Student(TEC(TEC §26.007 & 26.008)§26.007 & 26.008)
Parent is entitled to complete access toParent is entitled to complete access to
any meeting of the board of trustees andany meeting of the board of trustees and
the board must hold public meetings in thethe board must hold public meetings in the
boundaries of the districtboundaries of the district
Parent is entitled to full informationParent is entitled to full information
regarding school activities of a parent’sregarding school activities of a parent’s
childchild An attempt by any school district employee toAn attempt by any school district employee to
encourage a coerce a child to withhold information fromencourage a coerce a child to withhold information from
the child’s parent is grounds for disciplinethe child’s parent is grounds for discipline
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Other Rights Guaranteed under Other Rights Guaranteed under
TEC Chapter 26TEC Chapter 26 Right to information concerning special education and education of Right to information concerning special education and education of
students with learning difficulties.students with learning difficulties. (TEC §26.0081)(TEC §26.0081)
Requests for public information.Requests for public information. (TEC §26.0085)(TEC §26.0085)
Consent required for certain activities.Consent required for certain activities. (TEC §26.009)(TEC §26.009)
Refusal of psychiatric or psychological treatment of child as basis of reportRefusal of psychiatric or psychological treatment of child as basis of reportof neglect.of neglect. (TEC §26.0091)(TEC §26.0091)
Exemption from instructionExemption from instruction (TEC §26.010)(TEC §26.010)
Complaints (Grievance process established by the board)Complaints (Grievance process established by the board) (TEC §26.011)(TEC §26.011)
Fee for CopiesFee for Copies (TEC §26.012)(TEC §26.012)
Student Directory InformationStudent Directory Information (TEC §26.013)(TEC §26.013)
Written explanation of the provisions of FERPA of 1974Written explanation of the provisions of FERPA of 1974
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Choosing Private SchoolsChoosing Private Schools
State cannot require all children to attendState cannot require all children to attend
publicpublic school.school. Pierce v. Society of Sisters (1925)Pierce v. Society of Sisters (1925)
Court unanimous decision ruled that such a law,Court unanimous decision ruled that such a law,
“unreasonably interferes with the liberty of parents and“unreasonably interferes with the liberty of parents and
guardians to direct the upbringing and education of guardians to direct the upbringing and education of
children under their control.”children under their control.”
Texas compulsory education law provides an Texas compulsory education law provides an
exemption if the child “attends a private orexemption if the child “attends a private orparochial school that includes in its course aparochial school that includes in its course a
study of good citizenship.”study of good citizenship.” (TEC §25.086)(TEC §25.086)
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Educating Children at HomeEducating Children at Home
The word “school” is The word “school” is notnot defined in thedefined in the Texas compulsory education statute. Texas compulsory education statute.
Home school curriculum must meet basicHome school curriculum must meet basiceducational goals of reading,educational goals of reading,mathematics, spelling, grammar, and goodmathematics, spelling, grammar, and goodcitizenship.citizenship.
Attendance officers are permitted to make reasonableAttendance officers are permitted to make reasonableinquiry of parents to determine whether a child is ininquiry of parents to determine whether a child is in
attendance in a home school that meets the requirementsattendance in a home school that meets the requirementsapproved by the court. They can request information aboutapproved by the court. They can request information aboutthe students, curriculum, and test scores if they exist.the students, curriculum, and test scores if they exist.
Home schooled and students who attend unaccreditedHome schooled and students who attend unaccreditedprivate schools can be required to take placement testsprivate schools can be required to take placement testsupon transferring to a public school.upon transferring to a public school.
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ReferencesReferences
Clark, Catherine (n.d.). Texas Center for Education Research. Retrieved June 20, 2009, from Texas Web site:Clark, Catherine (n.d.). Texas Center for Education Research. Retrieved June 20, 2009, from Texas Web site:http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf
Hochberg, et al., (2001, May 11). HB 3646. Retrieved June 20, 2009, from House Research Organization BillHochberg, et al., (2001, May 11). HB 3646. Retrieved June 20, 2009, from House Research Organization Bill
Analysis Web site:Analysis Web site: http://www.hro.house.state.tx.us/PDF/ba81r/HB3646.PDFhttp://www.hro.house.state.tx.us/PDF/ba81r/HB3646.PDF
Texas 74th Legislature, (1995, May 30). Texas Constitution and Statutes. Retrieved June 20, 2009, from Education Texas 74th Legislature, (1995, May 30). Texas Constitution and Statutes. Retrieved June 20, 2009, from Education
Code Web site:Code Web site: http://www.statutes.legis.state.tx.us/SOTWDocs/ED/pdf/ED.26.pdf http://www.statutes.legis.state.tx.us/SOTWDocs/ED/pdf/ED.26.pdf
Walsh, J, F. Kemerer, & L. Maniotis (2007).Walsh, J, F. Kemerer, & L. Maniotis (2007). The educator's guide to texas school law: 6th editionThe educator's guide to texas school law: 6th edition. Austin, TX:. Austin, TX:
University of Texas Press.University of Texas Press.
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AcknowledgementsAcknowledgements
Wisconsin v. YoderWisconsin v. Yoder
Swanson v. Guthrie ISDSwanson v. Guthrie ISD
Rebecca BechtoldRebecca Bechtold
Hubbard v. Buffalo ISDHubbard v. Buffalo ISDBarrow v. Greenville ISDBarrow v. Greenville ISD
Michele BickhamMichele Bickham
Pierce v. Society of Sisters, 268 U.S. 510( 1925)Pierce v. Society of Sisters, 268 U.S. 510( 1925)
Power point and additional researchPower point and additional research
Soul SinghSoul Singh