1. Chapter 11 The Instructional Program
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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.
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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.
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4. 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.
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Today, parents who willfully fail to comply with compulsory attendance laws face criminal charges.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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14. 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.
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15. 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.
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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.
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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.
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18. 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.
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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.
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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.
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21. 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.
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22. 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.
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23. 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.
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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.
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