Chapter 1 - William Allan Kritsonis, Lecture Notes

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Chapter 1Public School Law

William Allan Kritsonis, PhD



Chapter 1An Overview of Education Law,

Texas Schools, and Parent Rights



This chapter explores the basic legal framewor of school law inTexas!

The following sub"ects are #iscusse#$

• the sources of school law

• the roles of the state an# fe#eral go%ernments in the

establishment an# operation of the Texas school s&stem

• how the State 'oar# of (#ucation, the Texas (#ucationAgenc&, local school #istricts, pri%ate schools, an# charter

schools all function!

•

the responsibilities of school a#ministrators an# thefunctioning of site)base# management!

• important fe#eral laws a*ecting the operation of Texasschools an# re%iew the long)running contro%ers& o%er the

+nancing of Texas schools!



Sources of Law

Constitutional Law

Statutor& Law

A#ministrati%e Law

u#icial Law



Constitutional LawConsistent with the Tenth Amen#ment, the Texas

Constitution of 1-./ establishe# the legal basis

for a

public school s&stem in the state! Section 0 of

Article 00 rea#s$

2A general #i*usion of nowle#ge being essential

to

the preser%ation of the liberties an# rights of the

people, it shall be the #ut& of the legislature of

the

State to establish an# mae suitable pro%ision for

the

support an# maintenance of an e3cient s&stem of

free public schools!2

The Tenth Amen#ment to

the Constitution #eclares

that all powers not

#elegate# to the fe#eral

go%ernment are reser%e# to

the states! This amen#ment

gi%es state go%ernments

their tra#itional power o%erschools!

Claims to free#om of

speech, press, religion, an#

association4 #ue process4

an# other rights ha%e a

constitutional basis, "ust as

the state5s power to

establish an# operate

schools stems from the

Constitution!



Statutor& LawA statute is a law enacte# b& a legislati%e bo#&!

6ost of the statutes passe# b& the Texas

Legislature that #irectl& a*ect e#ucation are

groupe# together in the Texas (#ucation Co#e

7T(C8! 'eginning in the earl& 19-:s, the Texas

legislature

began taing an increasing interest in impro%ing

an e#ucational s&stem that it regar#e# as #e+cient!

The result has been a plethora of reform laws, which

initiall& were top)#own in nature!

Despite their essentiall& local character, public school #istricts

are go%erne# b& the state! The present s&stem of some 1,:;<

Texas school #istricts an# nearl& /,=:: in#i%i#ual school

campuses coul# be change# shoul# the legislature #esire, gi%en

the latter5s authorit& o%er public e#ucation un#er the Texas

Constitution!



A#ministrati%e Law

A#ministrati%e law consists of the rules, regulations, an# #ecisions that are issue# b&

a#ministrati%e bo#ies to implement state an# fe#eral statutor& laws! The polic& manuals

an#

han#boos #e%elope# b& local school #istricts are excellent close)to)home examples of

a#ministrati%e law! A#ministrati%e law also has a >uasi)"u#icial character! State law

pro%i#es an

appeal to the commissioner of e#ucation for an&one aggrie%e# b& the school laws of the

state

or b& actions or #ecisions of an& school #istrict boar# of trustees that %iolate the school

laws of

the state or that %iolate a pro%ision of a written emplo&ment contract, causing possible

monetar& harm to the emplo&ee 7T(C ?.!:<.8!



u#icial Law

A fourth source of law is compose# of state an# fe#eral court #ecisions! When #isputes arise

un#er constitutions, statutes, an# a#ministrati%e law, some authorit& must ha%e +nal sa&! The

courts ser%e this function! Although the Texas "u#icial s&stem pro%i#es a theoreticall& e3cient

structure for a#"u#icating #isputes, fri%olous lawsuits often arise! 0n an e*ort to #eal with this

problem, the legislature enacte# two statutes hol#ing a person potentiall& liable for court costs

an# attorne&s5 fees for +ling a fri%olous lawsuit un#er state law against a school #istrict or an

o3cer or emplo&ee of the #istrict who is pursuing o3cial #uties! The most important function of

fe#eral courts is to a#"u#icate #isputes arising un#er the Constitution an# statutes of the

@nite# States!



The Structure an#o%ernance of the

Texas School S&stem



Texas Legislature

The Texas Legislature, acting pursuant to the Tenth Amen#ment to the

@!S! Constitution an#

Article 00 of the Texas Constitution, is responsible for the structure

an# operation of the Texas

public school s&stem! The nearl& continuous Bow of reform legislation

since 19-: maes it

rea#il& apparent that the legislature is the biggest pla&er in Texas

e#ucation! those wanting to inBuence the wa& Texas e#ucation is

structure# an# con#ucte# are well a#%ise# to focus their e*orts on

the Texas Legislature! 'oth school #istricts an# e#ucators are

becoming increasingl& sophisticate# in this regar#!

t t t



tate oar o ucat onan# the Texas (#ucation

Agenc&ormerl& the polic&)maing bo#& of the Texas (#ucation Agenc& 7T(A8, the State 'oar# of (#ucation

7S'(8

was separate# from T(A b& the Texas Legislature in 199< an# gi%en a re#uce# role in the public school

s&stem! An electe# bo#& of +fteen members, the state boar# is limite# to performing onl& those #uties

assigne# to it b& the state constitution or b& the legislature! While man& of its functions ha%e shifte# in

recent &ears to the Texas Commissioner of (#ucation, the S'( is still a powerful entit&! ccasionall&, a

#ispute will arise o%er whether the S'( has the authorit& to act in certain situations! The attorne&

general

has a#%ise# that the state boar# is not free to establish general content stan#ar#s for textboos as a

con#ition of boar# appro%al! Lie the state boar#, T(A can perform onl& those #uties speci+call&

assigne# to

it b& the legislature! ther than the legislature, the most powerful state)le%el pla&er is the Texas

Commissioner of (#ucation, whom the go%ernor appoints an# remo%es with the a#%ice an# consent of

the

Texas Senate! Lie the go%ernor, the commissioner ser%es a four)&ear term! The onl& >uali+cation for

ser%ing

as commissioner is @!S! citiEenship!



Local School Districts

The go%ernance of schools is left to local boar#s of trustees! All powers an# #uties not

speci+call& #esignate# b& statute to the agenc& or to the State 'oar# of (#ucation are reser%e#

for the trustees, an# the agenc& ma& not substitute its "u#gment for the lawful exercise of

those powers an# #uties b& the trustees!FAccor#ingl&, the local school boar# ma& ac>uire an#

hol# real an# personal propert&, sue an# be sue#, recei%e be>uests an# #onations, an# sell real

an# personal propert& belonging to the #istrict! The ma"orit& of Texas school #istricts elect their

boar# members in at)large elections! 0ncreasingl&, howe%er, minorit& %oters are asserting that

single)member #istricts shoul# replace the at)large s&stem! 0n a single)member s&stem, the

school #istrict is #i%i#e# into +%e or more separate election #istricts, each with its own trustee

position! Thus, each election #istrict will be assure# at least one trustee who is from that area

an# represents the special concerns or nee#s of that election #istrict!



School boar# trustees ser%e without compensation for a term of three or four &ears 7T(C

?10!o<98! (lections for trustees with three)&ear terms are hel# annuall&, with one)thir#

expiring

each &ear! (lections for trustees with four)&ear terms are hel# bienniall&, with one)half

expiring

each biennium! The staggere# terms assure continuit& to school boar# functioning! With

limite# exceptions, trustee elections must be hel# "ointl& with either municipalities,

counties,

or in certain instances hospital #istricts, in either 6a& or Go%ember, as appropriate!

TAS' is a comprehensi%e pri%ate organiEation that pro%i#es a host of ser%ices to school

boar#s,

inclu#ing mo#el school boar# policies that most #istricts ha%e a#opte#! TAS' also is

inBuential

in the legislati%e arena on behalf of its members an# pro%i#es +nancial support to

#istricts

embroile# in expensi%e litigation!



Charter SchoolsThe fastest)growing form of school choice is the charter school! A charter school in e*ect is a

newl& create# public school that operates relati%el& free of state regulation! The charterusuall&

is grante# either b& a local school #istrict or state agenc& an# #escribes the school5s mission,

e#ucational program, an# accountabilit& re>uirements! ailure to conform to the charter can

result in its re%ocation! Three forms of charter schools emerge# from the 199< legislati%e

session$ home)rule school #istrict charters, campus charters, an# open)enrollment charters!

Home)rule school #istrict charters allow school #istricts to free themsel%es from most state

re>uirements! Campus charter schools an# programs remain public an# are sub"ect to fe#eral

law an# to those state statutes that speci+call& appl& to them! pen)enrollment charter

schools constitute the thir# charter option an# to #ate are the most popular! 0nitiall&

restricte#

to granting =: open)enrollment charters, the State 'oar# of (#ucation to#a& has authorit& to

grant up to =1<!



pen)enrollment charter schools ma& attract stu#ents either from within a

school #istrict or

across #istrict lines in competition with existing public an# pri%ate schools!

The& ma& not a#mit

stu#ents until the school has publishe# a notice in a local newspaper that it isaccepting

applications! pen)enrollment charter schools ma& not #iscriminate in

a#missions on the basis

of sex, national origin, ethnicit&, religion, #isabilit&, aca#emic or athletic

abilit&, or school

#istrict the stu#ent woul# otherwise atten#! Howe%er, the& ma& re"ect

stu#ents who ha%e

committe# criminal o*enses or who ha%e a histor& of #isciplinar& problems!



Pri%ate Schools

State regulation of pri%ate schools in Texas has not generate# %er& much litigation o%er the

&ears! The reason is that the Texas (#ucation Agenc& cease# accre#iting pri%ate schools in 19-9!

0nstea#, the commissioner of e#ucation has en#orse# the accre#itation #ecisions of a

consortium of pri%ate school accre#itation associations calle# the Texas Pri%ate School

Accre#itation Commission 7T(PSAC8, locate# in San Antonio! 0n a seminal 19=< #ecision, the

@!S! Supreme Court rule# that the states cannot re>uire all chil#ren to atten# public schools

onl&! Such a re>uirement, the Court hel#, woul# #epri%e pri%ate school operators of their

constitutionall& protecte# propert& right to operate a business an# woul# interfere with the

rights of parents! Pri%ate schools also are sub"ect to selecte# fe#eral ci%il rights laws such as

Title 00 of the 19/; Ci%il Iights Act, which outlaws #iscrimination in emplo&ment, though

exemptions ma& appl& for %er& small schools an# those with religious a3liation!



School A#ministrators

The superinten#ent is the chief operating o3cer of the public school #istrict, responsible for

implementing the policies of the boar#! ther responsibilities are the operation of the

e#ucational programs, ser%ices, an# facilities of the #istrict an# appraisal of the sta*4assigning

an# e%aluating personnel4 an# maing personnel recommen#ations to the school boar#!

6anaging #istrict operations, #e%eloping an# a#ministering a bu#get, organiEing the#istrict5s

central a#ministration, consulting with #istrict)le%el committees, ensuring a#option an#enforcement of the stu#ent co#e of con#uct an# other #isciplinar& rules, submitting

re>uire#

reports, an# pro%i#ing "oint lea#ership with the boar#!

The school principal is the frontline a#ministrator, with statutor& responsibilit& un#er the

#irection of the superinten#ent for a#ministering the #a&)to)#a& acti%ities of the school!

Principals set campus e#ucation ob"ecti%es through the planning process, #e%elop bu#gets,an#

are responsible for stu#ent #iscipline! The& also assign, e%aluate, an# promote campus

personnel, as well as mae recommen#ations to the superinten#ent regar#ing suspension,

nonrenewal, an# termination of personnel! Principals must be familiar with emplo&ment lawin

or#er to carr& out their personnel responsibilities e*ecti%el& an# without legal liabilit&!



District)an# Campus)Le%el Decision)6aingDespite the authorit& gi%en to local school boar#s, the Texas Legislature since 199:increasingl&

has sought to 2Batten the #ecision)maing p&rami#2 b& in%ol%ing others in #istrict an# campus

go%ernance! %er the &ears, these re>uirements ha%e become more complex! T(C ?11!=<1

re>uires the establishment of committees at the #istrict an# campus le%el to participate in

establishing an# re%iewing e#ucational plans, goals, performance ob"ecti%es, an# ma"or

classroom instructional programs! The committees are to inclu#e professional sta*, parents,

communit& members, an# business representati%es!

A companion statute, T(C ?11!=<J, re>uires that the school principal regularl& in%ol%e the

campus committee in planning, bu#geting, curriculum, sta3ng, sta* #e%elopment, an# school

organiEation!

@sing the #eliberati%e processes set forth in these statutes, school boar#s an# campus

a#ministrators are re>uire# to engage in an annual planning an# impro%ement process line#

to stu#ent achie%ement! (ach #istrict5s impro%ement plan is to encompass such matters as a

comprehensi%e nee#s assessment a##ressing stu#ent performance on the stu#ent

achie%ement in#icators set forth in T(C ?J9!:<J, performance ob"ecti%es, an# strategies forimpro%ing stu#ent achie%ement!



How the @!S!Constitution an# the

e#eral o%ernmenta*ect Texas Schools



Ke& Pro%isions of the@!S! Constitution

The role of Congress an# the fe#eral courts in e#ucation matters was >uite limite#! Howe%er,

the >uest for in#i%i#ual rights an# greater proce#ural safeguar#s triggere# b& the ci%il rights

mo%ement of the 19/:s spille# o%er into the schools, an# a new generation of constitutional

rights law has e%ol%e#! We begin with the 'ill of Iights of the @!S! Constitution! 6ost of our

basic ci%il liberties are inclu#e# among its pro%isions! The irst Amen#ment is particularl&

important, for it lists se%eral liberties inherent in a #emocratic societ&$ the right to be free from

go%ernmental control in the exercise of speech, publication, religious preference, an# assembl&!

To #etermine what @!S! Constitutional rights we en"o& in the state setting, we must loo to theourteenth Amen#ment! Congress passe# a statute after the Ci%il War to enforce the

ourteenth Amen#ment b& enabling aggrie%e# persons to pursue their claims in fe#eral court!

The statute pro%i#es that 2(%er& person who, un#er color of an& statute, or#inance, regulation,

custom, or usage, of an& State or Territor&, sub"ects, or causes to be sub"ecte#, an& citiEen of

the @nite# States or other person within the "uris#iction thereof to the #epri%ation of an&

rights, pri%ileges, or immunities secure# b& the Constitution an# laws, shall be liable to the

part& in"ure# in an action at law, suit in e>uit&, or other proper procee#ings for re#ress in

fe#eral court!2



the ourteenth Amen#ment protects persons from state go%ernment repression of basic

ci%il

liberties guarantees, such as those in the 'ill of Iights of the @!S! Constitution! Since

public

schools are part of state go%ernment, the ourteenth Amen#ment applies to them an# to

their

emplo&ees, but not to pri%ate schools! (xactl& what constitutional rights stu#ents an#

teachers

ha%e in the public)school setting will be #iscusse# in subse>uent chapters! A secon#

ma"or

source of constitutional litigation in the public)school setting relates to the ourteenth

Amen#ment e>ual protection clause$ 2nor shall an& state #en& to an& person within its

"uris#iction the e>ual protection of the laws!2 This clause, couple# with ci%il rights laws

#esigne# to enforce it, has furnishe# the groun#s for anti#iscrimination suits against

schools!



0mportant e#eralStatues

There are a number of fe#eral statutes that #irectl& a*ect the #a&)to)#a& operationof Texas

public schools! Se%eral also appl& to pri%ate schools! These are a few$

• ;= @!S!C! ?19-1 accor#s all persons the right to mae an# enforce contracts freeof racial #iscrimination in both the public an# pri%ate sectors!

• ;= @!S!C! ?19-J allows suits for in"uncti%e relief an# compensator& #amagesagainst public school #istricts that through polic& or practice #epri%e persons of

@!S! constitutional an# fe#eral statutor& rights! Public emplo&ees also aresub"ect to suit un#er this statute!

• Title 0 of the 19/; Ci%il Iights Act prohibits intentional #iscrimination withrespect to race, color, or national origin in fe#erall& assiste# programs!

• Title 00 of the 19/; Ci%il Iights Act prohibits #iscrimination on the basis of race,color, religion, sex, or national origin in all aspects of public an# pri%ateemplo&ment!

• Age Discrimination in (mplo&ment Act of 19/. 7AD(A8 prohibits #iscriminationagainst in#i%i#uals age fort& or o%er unless age is a bona +#e >uali+cationreasonabl& necessar& to carr& out "ob responsibilities!

• Americans with Disabilities Act of 199: 7ADA8 accor#s persons with #isabilitiesmeaningful access to the programs an# facilities of public an# pri%ate schools aswell as most businesses in the countr&!



• 0n#i%i#uals with Disabilities (#ucation Act 70D(A8 re>uires publicschools to i#entif& chil#ren with #isabilities an# pro%i#e them afree, appropriate public e#ucation in the least restricti%een%ironment!

• Title 0M of the 19.= (#ucation Amen#ments prohibits#iscrimination against persons on the basis of sex in an& fe#erall&

assiste# e#ucation program!• Go Chil# Left 'ehin# Act 7GCL'8, an amen#ment to the (lementar&

an# Secon#ar& (#ucation Act of 19/<, attempts to raise stu#entachie%ement le%els b& hol#ing states an# school #istricts to strictaccountabilit& stan#ar#s!

0n a##ition to these, there are other important fe#eral laws that will

be #iscusse# insubse>uent chapters! Among them are the (>ual Access Act an# the

amil& (#ucational Iights

an# Pri%ac& Act 7'ucle& Amen#ment8!



School inanceSchool +nance is a complex sub"ect, generall& be&on# the scope of this boo! Howe%er, it is

important to ha%e an o%er%iew of the sub"ect since it is central to the operation of the

school

s&stem an# remains contentious! As pre%iousl& note#, the 09./ Texas Constitution left to the

legislature the #ut& to establish an e3cient s&stem of public e#ucation! That same &ear the

Texas Legislature establishe# the A%ailable School un#, which consiste# of re%enue from an

en#owment an# from #esignate# state taxes! With the growth of population centers, the

imbalance between urban an# rural #istricts create# b& reliance on local propert& taxation

became increasingl& apparent! The =::9 legislature brought more changes to school

+nance! While the speci+c pro%isions of the laws are far too complex to #etail here, a

brief summar& is pro%i#e#! Gew legislation re#uces recapture an# increases e>uit&

among school #istricts, using a formula)#ri%en s&stem that ties fun#ing to statewi#eincreases in propert& %alue!



Parent Iights

0n 19=J the @!S! Supreme Court obser%e# that parents ha%e a constitutionall& protecte# right

to control their chil#ren5s upbringing 76e&er %! Gebrasa8! Howe%er, its extent in the e#ucation

context is limite#! Thus the parent who was arreste# after she insiste# upon sitting in on her

chil#5s classes in the Li%ingston 0!S!D! against the wishes of the teacher was unsuccessful in

arguing that the arrest %iolate# her parental rights to #irect her son5s upbringing 7I&ans %!

resham, 199-8!While constitutional law generall& #oes not support parent rights in public schooling, Texas

statutor& law pro%i#es signi+cant support for parents! 0n#ee#, the +rst ob"ecti%e of the public

e#ucation s&stem, as speci+e# in the state e#ucation co#e, is that 2Parents will be full partners

with e#ucators in the e#ucation of their chil#ren2 7T(C ?;!::18! 0n recent &ears, the legislature

has sought to expan# the role of parents!



Iights within PublicSchools

0n the reco#i+cation of Texas school law in 199<, the legislature a##e# Chapter =/,entitle# 2Parental Iights an# Iesponsibilities,2 to the Texas (#ucation Co#e!The +rst section of that chapter, ?=/!::1, recogniEes parents as partners in thee#ucational process an# encourages their participation in 2creating an#implementing e#ucational programs for their chil#ren!2

Parents ha%e the following rights$

• are entitle# to be represente# b& an attorne& when the& present a grie%ance to

the school boar# on behalf of their chil#ren!• ha%e the right to petition the boar# to ha%e their chil# place# at a #i*erent

school or to contest the assignment to a gi%en school un#er T(C ?=<!:JJ!

• as the school principal to ha%e the chil# reassigne# from a particular class orteacher within a school if the change woul# not a*ect the assignment ofanother stu#ent!

• to re>uest, with the expectation that the re>uest will not be unreasonabl&

#enie#, the a##ition of an aca#emic class to the curriculum if it woul# beeconomical to #o so, the right to re>uest placement of their chil# in a classabo%e the chil#5s gra#e le%el!

• right to re>uest placement of their chil# in a class abo%e the chil#5s gra#e le%el,

• the right to ha%e their chil# gra#uate earl& if all course re>uirements ha%e beencomplete# an# participate in gra#uation ceremonies



The boar#5s #ecision in these matters is +nal an# nonappealable! This curtails the abilit& of

parents to enforce the statutor& pro%isions against a recalcitrant school boar# unless the&can

con%ince the commissioner or a "u#ge that the boar# has acte# illegall&)for example, b&

engaging in illegal #iscrimination! 0n this sense nothing is e%er trul& 2+nal an#nonappealable!2

@n#er the public e#ucation grant program, a low)performing school is #e+ne# as one ha%ing<o

percent or more of the stu#ents performing less than satisfactoril& on state assessment tests

for an& two of the prece#ing three &ears or one that faile# to meet an& performance stan#ar#

a#opte# b& the commissioner un#er ?J9!:<; in an& of the three prece#ing &ears! Chil#ren

atten#ing these schools are eligible to atten# another school in the #istrict that is not low)

performing or to recei%e a public e#ucation grant 72P(28 to atten# a school in another#istrict

7T(C ??=9!=:1)=9!=:=8! This pro%ision is a watere#)#own %ersion of a %oucher plan that #i#not

pass in the 199< legislati%e session! Districts ha%e the right not to accept stu#ents fromother

#istricts un#er the P( program, but the& ma& not refuse to accept them for reasons of race,

ethnicit&, aca#emic achie%ement, athletic abilities, language pro+cienc&, sex, or

socioeconomicstatus! This essentiall& lea%es lac of a%ailable space as the basis for refusal! The P( law

re>uires the commissioner of e#ucation to notif& each school #istrict b& anuar& i of its low)

performing schools 7T(C ?=9!=:;8! The #istrict, in turn, must notif& parents of stu#ents

atten#ing those schools b& ebruar& i that their chil# is eligible for a P(!



Choosing Pri%ate Schools

The state cannot re>uire all chil#ren to atten# public school! This unreasonabl& interferes

with the libert& of parents an# guar#ians to #irect the upbringing an# e#ucation of chil#ren

un#er their control! or this reason, the Texas compulsor& public school atten#ance law

pro%i#es an exemption if the chil# 2atten#s a pri%ate or parochial school that inclu#es in its

course a stu#& of goo# citiEenship2 7T(C ?=<!:-/! This right exten#s to chil#ren of public school

teachers an# a#ministrators, as well!

The parents5 right to #irect their chil#5s upbringing, howe%er, #oes not confer a constitutional

right to control e%er& aspect of their chil#5s e#ucation! Parents who choose pri%ate schools for

their chil#ren ma& be force# to gi%e up certain rights a%ailable to chil#ren in public schools! or

instance, in =::9 the ifth Circuit uphel# the @ni%ersit& 0nterscholastic League5s refusal to allow

a pri%ate school to participate in @0L athletic competition!



(#ucating Chil#ren atHome

The wor# school in the Texas compulsor& e#ucation statute is not #e+ne#! This uncertaint& le#

to the #ispute surroun#ing what generall& is calle# 2home schooling!2 A state #istrict "u#ge

rule# in 19-. that in Texas a home in which stu#ents are instructe# >uali+es as a pri%ateschool,

sub"ect to certain con#itions!

The court further hel# that T(A lace# the authorit& to enforce a more restricti%einterpretation

of the compulsor& e#ucation law pre%iousl& a#opte# b& the State 'oar# of (#ucation! The

#ecision was a3rme# b& the Texas Supreme Court in 199; 7Texas (#ucation Agenc& %! Leeper8!

The high court recogniEe# that T(A has the authorit& to set gui#elines for enforcement of the

compulsor& atten#ance law, inclu#ing re>uesting achie%ement test results to #etermine if

stu#ents are being taught 2in a bona +#e manner!FSince the case was brought as a classaction

lawsuit, the hol#ing applies in all Texas public school #istricts! Atten#ance o3cers are

prohibite# from initiating charges against parents simpl& because the& are instructing their

chil#ren at home! The trial court #i# recogniEe, howe%er, the legitimate nee# of atten#ance

o3cers to mae reasonable in>uir& of parents to #etermine whether a chil# is in atten#ance ina home school that meets the re>uirements appro%e# b& the court!



0n 199= the commissioner of e#ucation uphel# a school #istrict5s refusal to enroll a home)

schoole# girl in a one)perio# choir class base# on the #istrict5s nee# to maintain #iscipline

an#

super%ision, obtain state fun#ing, an# a%oi# %iolating @0L rules concerning choir

competition!

Howe%er, school #istricts must permit stu#ents who are home)schoole# to participate in

the

Preliminar& Scholastic Aptitu#e Test 7PSAT8, the Gational 6erit Scholarship Nualif&ing Test

7G6SNT8, an# college a#%ance# placement 7AP8 tests o*ere# b& the #istrict at the same

cost

that stu#ents in the #istrict pa&! The #istrict must post notice on its website or in a local

newspaper of the testing #ates an# the eligibilit& of home school stu#ents to participate!

When home)schoole# stu#ents see to return to the public school, placement #ecisions

are left

to the school! There is no re>uirement that school #istricts recogniEe the pre%ious gra#e)

le%el

placements of home)schoole# chil#ren!



Ieference

im Walsh4ran Kemerer4Laurie6aniotis! The (#ucator5s ui#eto Texas School Law$ Se%enth(#ition!

Documents

Chapter 1 - William Allan Kritsonis, Lecture Notes