William Kritsonis, School Law, Ch 4 Discrimination

1
Chapter 2

• PEDG 5344
• William Allan Kritsonis, PhD

2
Impermissible Discrimination

• In 1954, the US Supreme Court began the effort to
  eliminate de jure racial segregation (segregation
  by law) in our society.
• In 1964, Congress passed the Civil Rights Act,
  which prohibits discrimination on the basis of
  race, color, or national origin in public
  education, in any federally assisted program or
  activity, in public and private employment, and
  in privately owned places of public
  accommodation.
• The courts have required good-faith integration
  and affirmative action efforts. Districts still
  involved in the original desegregation suits
  conduct their affairs in accordance with the
  court orders issued in their respective cases.
  Those under court orders must file with the
  responsible courts periodic status reports
  describing their progress toward desegregation.
• The ultimate goal of this process is to be
  declared unitary, a status denoting the
  eradication of all aspects of a segregated, dual
  school system.

3
Impermissible Discrimination

• In 1991, the US Supreme Court declared that once
  all vestiges of de jure segregation have been
  eliminated, federal court supervision may end,
  even if one-race schools reemerge. Also in 1991,
  the 5th Circuit ruled that once unitary status
  has been declared, plaintiffs bear the burden of
  proving in a new lawsuit that a school boards
  actions were based on intent to discriminate,
  which is very difficult to do.
• Section 504 of Title V of the Rehabilitation Act
  of 1973 prohibits discrimination against
  individuals with disabilities in federally
  assisted public school programs. IDEA requires
  that any state receiving financial assistance
  under the act must assure a free, appropriate
  public education to children with disabilities
  within the state and must assure that the rights
  of those children and their parents are
  protected.
• Title XI of the 1972 Education Amendments
  prohibits intentional discrimination on the basis
  of sex in programs that receive federal
  assistance.

4
Brown v. Board of Education of Topeka

• The decision of the US Supreme court was that
  public education facilities that are racially
  segregated are inherently discriminatory even if
  equal the Court struck down laws that treated
  people differently solely on the basis of their
  color or racial heritage. This overruled the
  separate but equal doctrine of Plessy v.
  Ferguson 1896, and began the movement to end de
  jure segregation (segregation by law) in the
  public sector.

5

Hopwood v. The State of Texas

• The US Court of Appeals for the 5th Circuit ruled
  that preference given African Americans and
  Mexican Americans in the admissions process at UT
  School of Law violated the 14th amendment equal
  protection clause. The admissions process set
  aside 5 of the spaces in the entering class for
  African Americans and 10 for Mexican Americans
  to achieve these goals, lower admissions criteria
  and greater individual attention were necessary.
  The appeals court rejected the use of race or
  ethnicity as a criterion in admissions, it did
  recognize that other criteria that may correlate
  with race and ethnicity would be permissible as
  long as they are not used for discriminating on
  the basis of race (applicants residence,
  parents education, and economic and social
  background).

6
Freeman v. Pitts

• The US Supreme Court ruled that a trial court can
  relinquish supervision over those areas where a
  school district has achieved unitary status yet
  can retain authority to oversee continued
  desegregation in other areas. In effect, unitary
  status can be achieved in incremental stages.

7
Plyler v. Doe

• In 1982, the US Supreme Court ruled that Texas no
  longer could exclude the children of undocumented
  admitted aliens from a tuition-free education.
  The court ruled that children could not be held
  responsible for being in Texas illegally and was
  not persuaded that the exclusionary provision in
  the Texas school admissions statute retarded the
  influx of undocumented aliens into the country or
  that providing a tuition-free education to these
  children would constitute a serious drain on the
  states funding for public education.

8
Major v. Nederland ISD

• In 1991, Nederland ISD lost when it refused to
  admit a student who was living with her
  boyfriends parents in the district so that her
  home life could be stabilized. The students
  mother had executed power of attorney giving the
  boyfriends parents authority to make decisions
  regarding the students education and health
  care. The federal district court concluded that
  the district could address problems of white
  flight and overcrowding of its schools without
  enacting an overly broad policy that violated
  state and federal law. The district was ordered
  to change its policy and to pay court costs, the
  students attorneys fees, and nominal damages
  for the days the student was excluded from
  school.

9
TEC 25.085 Compulsory School Attendance

1. (a) A child who is required to attend school
   under this section shall attend school each
   school day for the entire period the program of
   instruction is provided.
2. (b) Unless specifically exempted by Section
   25.086, a child who is at least six years of age,
   or who is younger than six years of age and has
   previously been enrolled in first grade, and who
   has not yet reached the childs 18th birthday
   shall attend school.
3. (c) On enrollment in prekindergarten or
   kindergarten, a child shall attend school.

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TEC 25.085 Compulsory School Attendance

• iv. (d) Unless specifically exempted by Section
  25.086, a student enrolled in a school district
  must attend
• an extended-year program for which the student
  is eligible that is provided by the district for
  students identified as likely not to be promoted
  to the next grade level or tutorial classes
  required by the district under Section 29.084
• an accelerated reading instruction program to
  which the student is assigned under Section
  28.006(g)
• an accelerated instruction program to which the
  student is assigned under Section 28.0211 or
• a basic skills program to which the student is
  assigned under Section 29.086.
• v. (e) A person who voluntarily enrolls in
  school or voluntarily attends school after the
  persons 18th birthday shall attend school each
  school day for the entire period the program of
  instruction is offered. A school district may
  revoke for the remainder of the school year the
  enrollment of a person who has more than five
  absences in a semester that are not excused under
  Section 25.087. A person whose enrollment is
  revoked under this subsection may be considered
  an unauthorized person on school district grounds
  for purpose of Section 37.107.

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TEC 25.085 Compulsory School Attendance

• Residency and Guardianship
• Schools can not require persons with whom
  students live to secure legal guardianship.
• The Compulsory School Law
• The Compulsory School law requires that a person
  who is at least 6 years of age, or who is younger
  than six years of age and has previously been
  enrolled in first grade, and who has not turned
  18 shall attend school.
• A student who is 17 or older and has a high
  school equivalency certificate or high school
  diploma is exempted from the compulsory school
  law
• Absences
• A student who fails to attend school without
  excuse on 10 or more full or partial days within
  a six-month period in the same school year, the
  district must file a complaint against the
  student or the parent or both in an appropriate
  court or refer the student to a juvenile court as
  specified in the statute.

12
The Required Curriculum

• To ensure consistency, in 1981, the TX
  legislature passed a law requiring a
  well-balanced curriculum in TX public school
  districts, including both a foundation curriculum
  and an enrichment curriculum. Foundation
  curriculum English/LA, math, science and SS.
  Enrichment curriculum other languages, health,
  PE, FA, economics, career and technology
  education, and technology applications.
• TEKS are located in Chapters 110-128 of Vol. 19
  of the Texas Administrative Code. The state
  board cannot designate either the methodology or
  the amount of time to be used in teaching the
  content.
• The SBOE is directed by rule to adopt curriculum
  requirements for minimum, recommended, and
  advanced high school programs. Beginning with
  the 04-05 freshmen, school districts must endure
  that each student t enrolls in either the
  recommended or advanced school program unless the
  student, parent, and school official agree that
  the student should be allowed to take courses at
  the minimum level.

13
The Required Curriculum

• School districts are required to develop advanced
  placement tests for each primary grade level and
  secondary academic subject for advancing talented
  students from one grade to another.
• Legislation enacted in 2003 permits TEA to
  establish a 3-year technology immersion pilot
  project in which each student at a participating
  school would receive a laptop and accessories
  that would have been shown to improve academic
  achievement.
• TX legislature now allows school districts to
  teach sex education courses and to select
  teaching materials. Courses must present
  abstinence as the preferred choice of behavior
  for unmarried persons of school age. Curricular
  materials for these courses must be available for
  public inspection and parents are entitled to an
  opt-out option for their children.
• Public school districts are authorized to offer
  an integrated program of educational and support
  services for students who are pregnant or who are
  parents.

14
Student Assessment

• TEC 28.022 provides that districts must establish
  a policy that provides for parent-teacher
  conferences and requires notice to parents of
  their students performance in each class or
  subject at least once every 12 weeks and must be
  signed by the parent and returned to the school.
  Such notice is not required if the student is 18
  or older and living separate from the students
  parents, is married, or has had the disabilities
  of minority removed by a court.
• If a students performance is consistently
  unsatisfactory in a foundation curriculum
  subject, the district must provide written notice
  to the parent or legal guardian at least once
  every three weeks or during the fourth week of
  each nine-week grading period.
• The TAKS test is the state-wide assessment
  program (TEC 39.022).
• 11th graders must take an exit-level test in all
  four core subjects for the purpose of determining
  minimum skill mastery for high school graduation
  and

15
Student Assessment

• No one is exempt but certain children with
  disabilities or with LEP may be permitted to take
  an alternate assessment as decided by the childs
  ARD committee.
• Private schools may, but are not required to,
  participate in the state assessment program.
• Under George W. Bush, the Texas legislature
  tightened up on social promotion. Beginning in
  02-03 school year, 3rd graders are required to
  pass the state reading assessment before they can
  be promoted to the 4th grade. This extends to
  5th grade in math and reading in the 04-05 school
  year and 8th graders in the 07-08 school year.
  Those who fail are required to have at least 2
  more administrations of the test.

16
Student Assessment

• The grade placement committee can promote the
  student to the next grade level only if, using
  standards adopted by the board of trustees, the
  committee concludes that the student is likely to
  perform at grade level if promoted and given
  accelerated instruction. This decision is final
  and may not be appealed.
• Students not likely to be promoted to the next
  grade are required to attend an extended-year
  program, an accelerated reading program, an
  accelerated instructional program, or a basic
  skills program.

17
Student Assessment

• A district must develop a personal graduation
  plan for each middle school, junior high, or high
  school student who does not perform well on the
  state assessment or is not likely to graduate on
  time. The plan must (1) identify educational
  goals, (2) include diagnostic information and
  evaluation strategies, such as monitoring and
  intervention, (3) include an intensive
  instruction program, (4) address parent
  participation and expectations, and (5) provide
  innovative methods to promote student
  advancement.
• Schools may offer a certificate of completion to
  students who complete the curriculum requirements
  but fail the state assessment requirement. They
  may participate in graduation ceremonies and
  their transcript must specify whether the student
  received a diploma or certificate of coursework
  completion.
• A school district may not withhold a diploma or
  deny a student the opportunity of graduating or
  participating in graduation exercises for failure
  to return books or pay the price of the books.
  However, the student forfeits the right to free
  textbooks until all previous books have been
  returned or paid for. The district can withhold
  records for failure to return or pay for books.

18
Student Assessment

• Teacher evaluation systems require that one of
  the appraisal criteria must encompass the
  performance of the teachers students. The
  appraisal of a school principal also must reflect
  how well students on the campus perform.
• In McLean v. Quanah ISD, the commissioner of
  education observed that significant lack of
  student progress can be a reason for nonrenewal
  of a teacher contract. However, grades alone do
  not establish a teachers level of competence.
• A person under 18 years of age will not be issued
  a drivers license unless the person (1) has
  obtained a high school diploma or its equivalent,
  (2) is enrolled in a public, home, or private
  school and has attended school for at least 80
  days in the fall or spring semester preceding the
  date of application, or (3) has been enrolled for
  at least 45 days, and currently is enrolled in a
  program to prepare persons to pass the high
  school equivalency exam.

19
School District Accountability

• The SBOE, directed by the TEC, established a set
  of academic excellence indicators for school
  campuses, to include such items as results on
  state-mandated assessment instruments, dropout
  rates, student attendance, high school exit-level
  assessment, SAT results, progress of students
  failing to pass state assessment instruments on
  test retakes, percentage of students exempted
  from the statewide assessment program, and high
  school graduation rates.
• Principals must meet annually with their planning
  and decision making committee to review and
  revise their campus improvement plan.

20
School District Accountability

• A campus report card is issued each year by the
  TEA that compares the performance of the campus
  on the academic excellence indicators,
  student/teacher ratios, and administrative and
  instructional costs per student with the
  performance of the district and other schools in
  the state. These report cards are distributed
  annually to parents.
• The thrust of these statutes is to make districts
  and individual campuses accountable to the
  community for the quality of education they
  impart and they make teachers and administrators
  more accountable for their performance.
• School districts and individual schools are held
  accountable to TEA through the accreditation
  process. Districts are classified as exemplary,
  recognized, academically acceptable, and
  academically unacceptable.

21
Effects of No Child Left Behind (NCLB)

• NCLB 2001 amends the Elementary and Secondary
  Education Act of 1965. It is arguably the most
  ambitious piece of legislation Congress has ever
  passed with regard to public education.
• The primary purpose is to raise student
  achievement by holding states and school
  districts to high standards with strict
  accountability requirements.
• Students must make adequate yearly progress and
  is demonstrated through the statewide assessment
  test. Each states definition of AYP must apply
  the same high standards of academic achievement
  to all public elementary and secondary school
  students in the State. All students, regardless
  of ability level, are expected to met the yearly
  progress requirements and be achieving at grade
  level by the 2013-1014 school year. To make AYP,
  a school not only must show that its student body
  as a whole met the standard, it also must show
  that each subgroup met the same standard. NCLB
  requires a 95 participation rate, meaning that
  if less than 95 of the students take the test,
  the school will be identified as not making AYP
  regardless of how well the students do on the
  test. The 95 also applies to each subgroup.

22
Effects of No Child Left Behind (NCLB)

• NCLB requires that school districts hire highly
  qualified teachers for the core academic
  subjects by the end of the 05-06 school year.
• If a school fails to make AYP (1) the school
  enters what is termed school improvement. All
  students then have public school choice and can
  transfer to another school within the district
  that made AYP, or to a charter school with
  geographic boundaries that include the district.
  (2) If a school fails to make AYP for 3 years,
  supplemental education services become
  available including tutoring, but only families
  from low income families are eligible. (3) A
  school that fails to make AYP for 4 consecutive
  years will move into corrective action and will
  be required to replace the school staff who are
  relevant to the schools failure to make AYP,
  implement a new curriculum, significantly
  decrease management authority at the school
  level, appoint one or more outside experts to
  advise the school, extend the length of the
  school year or school day, or restructure the
  internal organization of the school.