Chapter Eleven: The Instructional Program and School Attendance

Overview
The Tenth Amendment places the responsibility on each state to provide free public education.
Each state constitution places the responsibility on its legislature to provide schooling for all
children within the state at public expense. In some states the duty of defining the curriculum of
public schools is shared between the legislature and the state board of education. This chapter
explains the requirements of attendance, standards, and health requirements in public schools,
charter schools, private schools, and home schools.

Key Terms
Police Powers - The inherent power of the government to impose restrictions to protect the
health, safety, and welfare of its citizens
Parens Patriae - In place of parents; the states guardsmanship over those unable to direct their
own affairs
Emancipated - Free of parental authority and control and free to make independent decisions.
Charter School - Public schools that emerge through a contract with a state agency or a local
school board.
School Voucher - Parents are able to use the tax money that would have gone to a public school
for their child to help them pay for tuition at a private school
Residence - a students actual dwelling place. One student may have several residences
Domicile - Residence where a student intends to remain for an indefinite period of time,
determined by intent and is usually determined by the residence of the legal guardian

Landmark Cases, Pertinent Legislation, and Supporting Material

State v. Haworth - In 1890 the states responsibility for public education was established
Prince v. Massachusetts - Supreme Court held that the government has authority to regulate the
actions and treatment of children. Parental authority can be restricted if in the best interest of a
childs welfare.
McKinney - Vento Act - Requires schools to enroll homeless children and youth immediately
even if they lack normally required documents.

New Jersey v. Massa - Homeschooling case where New Jersey Supreme Court held that
equivalent education other that in public schools only requires a showing of academic
equivalence.

1.
2.
3.
4.
5.

Zelman v. Harris - Parents may use school vouchers to send children to parochial schools. Does
not cause a problem with separation of church/state if program can pass the Private Choice Test:
The program must have a valid secular purpose
Aid must go to the parents and not the school
A broad class of beneficiaries must be covered
The program must be neutral with respect to religion
There must be adequate nonreligious options
Mason v General Brown Cent. School District - Parents may not claim immunization exemption
based on scientific rather than a religious belief. Strong conviction does not convert scientific
beliefs into religion.
Brown v. Stone - Court disallowed immunization exemption stating the to do so on religious
grounds would discriminate against the majority of children whose parents do not subscribe to a
religious conviction.
Lewis v. Sobel - Parents awarded a religious exemption to immunization even though they were
not members of an organized church, court found their beliefs were sincere and permeated
every facet of their lives.
Byrd v. Livingston Independent School District - Schools must allow students to enroll they are
living within their district, even if they are apart from their legal guardian or parents.
Harrison v. Sobol - Homeless children must be allowed to remain enrolled in their previous
Home district.
Counts v. Cedarville School District - Schools can not restrict access to books on the basis of
undifferentiated fear of disturbance or because they dont like the ideas put forth in them. This is
a violation of students 1st Amendment rights.
No Child Left Behind Act (2001) -- redefined the federal governments role in K-12 education
and is designed to close the achievement gap between disadvantaged and minority students and
their peers through stronger accountability for results, increased flexibility and local control,
expanded options for parents, and an emphasis on teaching methods that have been proven to
work.

No Child Left Behind Act (2013) -- Secretary of Education can award grants to support
education: job-embedded professional development, summer workshops for teachers, rigorous
environmental education, integration of outdoor environmental education
Copyright Act -- prohibits unauthorized use of copyrighted material for profit or public display
without appropriate payment or permission
Children's Internet Protection Act (CIPA)- schools and libraries are required to adopt an Internet
safety policy and install filtering technology to receive certain federal funds.
Valentine v. Independent School District of Casey--students refused to wear caps and gowns for
their graduation ceremony because of the smell. The school denuded their diplomas. The court
ruled that the students completed the necessary academic requirements and therefore deserve
their diploma.

Application for Administrators and School Districts

Compulsory Attendance - Every state requires children between certain ages, usually six or
seven through sixteen or seventeen years old, to attend public, private, or homeschool.
Exceptions - Students who have strong religious beliefs that conflict with a continuing public
school education are permitted to be exempted from compulsory attendance beyond the eighth
grade.
Truancy - Most state statutes define the number of absences that students accumulate. School
attendance may be tied to school fundings with average daily attendance sd a component. In
most jurisdictions the police are given the authority to check and determine whether school -age
children are truant.
Home Schools - Requirements vary among states but commonly include the operative be a
parent or legal guardian who possesses a high school diploma. All home schooled children must
be identified by name and age. The address of program location is required. Home schooled
children must be taught the minimum number of days required by law, usually 180 days.
Charter Schools - They are not enforced by rules and regulations that govern public schools.
They are funded by local, state and federal tax dollars. They are required to meet federal and
state educational standards just as public schools.
School Choice/School Vouchers - a growing movement to allow parents the ability to choose
where they send their child to school, especially in cases of under-performing schools - parents
are allowed to choose to send their child elsewhere. Some states will even provide them with a
voucher of their per pupil allocated funds so that the money follows the student to their school of
choice.
Health requirements - In the interest of public safety, states typically require medical
examinations and certain immunizations as a prerequisite for school admission. For the most
part, the courts have supported the state government in this although several exemptions based
on religious beliefs have been awarded by the courts.

 Residence - Schools are required to educate students who reside in their boundaries. In cases
where a child becomes homeless, the home district is required to maintain enrollment
regardless of where the child lives while homeless.
Curriculum Standards - minimal standards are established by state statute and policy. Local
districts may establish other standards as long as they dont contradict those set by the state.
Federal government has been able to interject standards based on various funding programs. If
schools wish to receive the funds, they must incorporate those standards.
Common Core Standards - Set of standards in ELA and Math that have been adopted by 47 states
in response to our countrys decline in student achievement when compared to other industrial
countries.
Special Interest Groups - Ultraconservative and ultraliberal groups have been successful in
lobbying school boards and textbook companies to censure material that does not align with their
ideology. In most cases where a group looked to have an item removed, the courts have ruled in
favor of the schools and expanding knowledge rather than restricting it.
NCLB -- requires states to implement statewide accountability systems and make Adequate
Yearly Progress (AYP) or be subject to corrective action and restructuring.
students cannot be left behind based on race, disabilities, Limited English proficiency &
economic status
95% participation rate in assessments
academic improvement should be continuous and demonstrated for all students
students have the option of moving to a higher performing public school
supplemental service are provided
schools are required to design an effective system of support
LEP students must meet English proficiency and reach high academic standards
Annual assessments in math and reading for grades 3-8
Schools must employ highly qualified teachers and paraprofessionals
Parents have more choices -- use of Title I funds to provide transportation and outside
accommodations to provide services
All students, including those with disabilities and LEP students, must meet state standards by
2013-2014
Teachers are allowed to make single copies of copyrighted materials for teaching purposes only
(including computer software and media); multiple copies violate the Copyright Act
Involve parents and students in drafting Internet policies
Internet use policies must be clearly written and communicated to parents/students
Policies need to inform teachers, students, and parents of their responsibilities regarding the
enforcement policies.
Due process and fundamental fairness should be observed for Internet use policies
School districts are responsible to develop acceptable use policies.
Disciplinary measures for inappropriate use of the Internet should be spelled out in the district's
acceptable use policy.
Students should be cautioned that personal information should not be posted on the Internet
without prior written consent from the parent or guardian.

 Users should be informed by policy that the following are prohibited: bypassing restrictions,
subverting network security, using the Internet for illegal purposes, seeking information about
passwords of others, using obscene language, use of Internet to promote personal enterprises
State legislature has a responsibility to provide schooling for all children within the state.
Legal authority for defining curriculum resides with the legislature
Courts typically do not intervene in curriculum matters because each state has the authority to
establish curriculum standards.
All schools should be held accountable for ensuring that the achievement gap between
disadvantaged and minority students is close to their peers under NCLB.
Competency tests are supported by the courts when no evidence of discriminatory intent.
Students may be penalized academically for unexcused absences or truancy if state statute
permits.
Compulsory attendance policies are legally defensible. Parents are accountable.
Exceptions to compulsory attendance policies may be justified based on religion.
Home schooling is generally permissible as long as minimal state requirements are met.
Public schools generally are required to educate students who reside within their boundaries if
the students establish a degree of permanency.
Reasonable tuition fees may be imposed on students who attend school outside of their legal
residence.
Students who are emancipated are not subject to compulsory attendance
School districts may establish mandatory immunization requirements under the state's police
powers, even over parents' religious objections.