Chapter 11 The Instructional Program This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 The legal authority for defining the curriculum of public schools resides with the legislature. Based on constitutional provisions in a few states, this duty is shared between the legislature and the state board of education. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 The legislature may, at its discretion, prescribe the basic course of study, determine testing, and graduation requirements. In most cases, state legislatures delegate curriculum matters to state boards of education and most importantly with local school districts. Copyright © Allyn & Bacon 2008

Compulsory Attendance Every state requires children between certain ages, usually 6 or 7 through 16 or 17 years old, to attend public, private, or home school. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Today, parents who willfully fail to comply with compulsory attendance laws face criminal charges. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Home Schools Virtually every state in the nation makes provisions for home schooling. Minimum standards for home schooling vary among the states based on the individual state’s compulsory attendance laws. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Minimal standards for curriculum and instruction, length of instruction time, and the number of days in which instruction should be provided are generally prescribed by state statute or state board of education policies. All such requirements must be met by parents offering home instruction. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Charter Schools Charter schools are public schools that emerge through a contract with a state agency or a local school board. The primary advantage of charter schools is autonomy over their operations; they are relieved of rules and regulations that govern public schools. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 In exchange for flexibility, the charter schools are held accountable for achieving outcomes established by the charter, which includes student achievement as a primary goal. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Health Requirements States typically require medical examinations and certain immunizations as a prerequisite for school admission. Since the state, through its police powers, shares a primary responsibility to protect the health and safety of students enrolled in public schools, they have been supported by the courts in establishing health requirements for public school students. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Curriculum Standards Minimal curriculum standards in public schools are established by state statute and policy. In almost all cases, certain courses and minimum achievement standards are determined through state policy. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Local school districts may establish other standards so long as they do not contradict state requirements. Generally, courts are very reluctant to intervene in matters involving public school curricula based on the view that states retain the authority to establish curriculum standards so long as there is no federal constitutional infringement involved. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Generally, courts are very reluctant to intervene in matters involving public school curricula based on the view that states retain the authority to establish curriculum standards so long as there is no federal constitutional infringement involved. Copyright © Allyn & Bacon 2008

Teaching the Bible in Public Schools The Bible may be taught in public schools as a part of the school’s curriculum if it is not associated with any form of worship and it is taught objectively as a part of a secular program. Copyright © Allyn & Bacon 2008

Intellectual Property and Fair Use Intellectual property covers four basic areas: patents, trademarks, designs, and copyright materials. The Copyright Act prohibits unauthorized use of copyrighted material for profit or public display without appropriate payment to or permission from the copyright proprietor. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 The Copyright Act specified four factors that should be used to determine fair use: The purpose or use relative to whether use is commercial in nature for non-profit, educational purposes. The nature of the work. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 The amount of material extracted from the work in relation to the work as a whole. The impact of the use on the potential market in relation to the value of the copyrighted work. Copyright © Allyn & Bacon 2008

Grading and Academic Requirements Requirements regarding progress from one grade to another typically are not reviewable by the courts unless there is substantial evidence of unreasonableness. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Student Testing It is well established that the state has the authority to promulgate promotion and graduation requirements. Often, standardized tests are used to determine student competencies. If the measures are reasonable and nondiscriminatory, they will generally be supported by the courts. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 School officials are provided considerable discretion in matters relating to appropriate academic requirements. By and large, courts do not feel equipped to evaluate academic performance issues. Copyright © Allyn & Bacon 2008

Grade Reductions for Absences Excessive absenteeism by students poses a challenge for school officials who often resort to grade reductions as a means of limiting excessive absences. Courts will generally support reasonable policies regarding grade reduction for excessive absences if they do not conflict with state statute. Copyright © Allyn & Bacon 2008

Grade Reduction for Unexcused Absences School rules that penalize students academically for unexcused absences, or truancy, are not uncommon. Courts have been more supportive of schools on this type of rule than on one that mandates grade reduction based on general misconduct. Copyright © Allyn & Bacon 2008

Physical Punishment for Poor Academic Performance Physical punishment of public school students for failure to maintain acceptable academic standards has not received support by the courts. Courts have consistently ruled against school officials for the use of physical punishment when the student’s behavior did not involve improper conduct. Copyright © Allyn & Bacon 2008

Copyright © Allyn & Bacon 2008 Withholding Diplomas School officials are delegated the authority to determine when a student has completed the required curriculum entitling him or her to be awarded a diploma. It is well established that when a student has met prescribed academic requirements for graduation, he or she must be awarded a diploma. Copyright © Allyn & Bacon 2008