Teachers and The Law 7 th Chapter 20 The No Child Left Behind Act, High Stakes Testing, and Other...

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Teachers and The LawTeachers and The Law77thth

Chapter 20Chapter 20The No Child Left Behind Act, The No Child Left Behind Act,

High Stakes Testing, and Other High Stakes Testing, and Other Current ControversiesCurrent Controversies

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

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Gerri Spinella Ed.D.Gerri Spinella Ed.D.Elizabeth McDonald Ed.D.Elizabeth McDonald Ed.D.

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Key Concepts Part IKey Concepts Part IThe No Child Left Behind Act, High StakesThe No Child Left Behind Act, High StakesTesting, and Other Current Controversies Testing, and Other Current Controversies

The No Child Left Behind Act

School Choice: Vouchers and

Charter Schools

Teacher Testing

High-Stakes Testing

Control of the Internet


Key Concepts Part II Key Concepts Part II The No Child Left Behind Act, High StakesThe No Child Left Behind Act, High StakesTesting, and Other Current Controversies Testing, and Other Current Controversies

Frivolous Lawsuits

AIDS Awareness and Condom Distribution

Compulsory Community

Service

Protection of Homosexual Teachers and

Students

Public Education Funding


Chapter 20 Chapter 20 The No Child Left Behind Act, High StakesThe No Child Left Behind Act, High StakesTesting, and Other Current Controversies Testing, and Other Current Controversies

Essential QuestionEssential Question

What are the controversial issues that have emerged or continue to emerge in regards to the educational and legal concerns of teachers and school districts?


KEY TERMS- Chapter 19KEY TERMS- Chapter 19

AYP (Adequate Yearly Progress) 441

“Highly qualified” teacher/paraprofessional

442

Legitimate educational purposes 445

Due Process 448

Evidentiary support 448

Appropriate sanction 448

Permanently enjoined 448

Parental privacy rights 450

Title IX 450

Rational Basis Test 452


CaseCase

School District of Pontiac v. SpellingsSchool District of Pontiac v. Spellings


• Main Features and Requirements of NCLB

• Each state develops a plan that addresses academic standards, academic assessments and accountability.

• Related lawsuits

The No Child Left Behind Act


• Parental Choice

• Charter School

• The Voucher System

School Choice: Vouchers and Charter Schools


CaseCase

Porter v. KlaghelzPorter v. Klaghelz


• High-Stakes Testing– Standardized testing

• Determine tracking, promotions or granting diplomas

• Teacher Testing– Competency testing for

certification or recertification

Teacher Testing

High-Stakes Testing


CaseCase

Hazelwood School Dist. V. Kuhlmeier Hazelwood School Dist. V. Kuhlmeier


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference


Control of the InternetControl of the Internet

• Schools can legally restrict the use of school computers is the restrictions are related to legitimate educational purposes.

• Depending on the message and its consequences, schools can punish students for using their home computers to insult or harass students or teachers.

• Schools can restrict cell phones.


• Federal Rule 11

• Sometimes lawyers and parents can be punished for filing frivolous lawsuits.

Frivolous LawsuitsFrivolous Lawsuits


• Schools can require students to participate in an AIDS Awareness Assembly.

• Opt-out provisions

• In some states it is constitutional for public schools to give condoms to students without parental consent.

AIDS Awareness and Condom Distribution


• Battles to pass and repeal antidiscrimination laws based on sexual orientation are likely to continue.

• Some states provide special protection for homosexual students.

• Equal Access Act … gay/straight alliance clubs.

Protection of Homosexual Teacher and

Students


Resources Resources

Lambda Legal Defense and Education Fund, Lambda Legal Defense and Education Fund, Summary of States, Cities, and Counties Summary of States, Cities, and Counties

Which Prohibit Discrimination Based on Sexual Orientation Which Prohibit Discrimination Based on Sexual Orientation

Lesbian and Gay Rights Docket , Lesbian and Gay Rights Docket , ACLU, N.Y. (1996) pp. 5-7ACLU, N.Y. (1996) pp. 5-7


• Community service programs

• Compulsory community service is not Unconstitutional.

Compulsory Community ServiceCompulsory Community Service


• Public school funding varies widely across states.

• “Equal opportunity for all” versus “ample and efficient.”

Public Education FundingPublic Education Funding


Chapter 20Chapter 20The No Child Left Behind Act, High StakesThe No Child Left Behind Act, High StakesTesting, and Other Current Controversies Testing, and Other Current Controversies

ReflectionReflection

Because state education laws and constitutions often differ significantly and the laws are constantly changing, how can schools and teachers work to influence legal procedures in their local communities?

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