February 7, 2009

• School Governance• School Law• Effective Schools• Communicating with Parents• No Child Left Behind

Who governs the public schools?

• Federal• State • Local

Who finances public schools?

• Federal• Local• State

North Carolina • State Superintendent of Public

Instruction• State School Board• State Department of Public

Instruction

Local School District• District School Board• Superintendent• Assistant Superintendents• Central Office Staff• Principals• Assistant Principals• Teachers

Legal Aspects of Education

•First Amendment

Freedom of religion, speech, press, and assembly

2 Clauses that are often cited in lawsuits:

• Establishment Clause (prohibits the establishment of government-sanctioned religion)

• Free Exercise Clause(protects rights of free speech

and expression)

1st Amendment Landmark Cases (Establishment

Clause)• Engle v Vitale (1962)Case: School initiated prayer violates the

1st AmendmentNew York School System began day with

non-denominational prayer acknowledging dependence on God

Challenged as unconstitutional state establishment of religion violating 1st Amendment

Supreme Court Ruled

The government cannot sponsor such religious activities.

1st Amendment Landmark Case

Free Exercise Clause• Tinker v Des Moines (1969)Case: Students do not leave their

rights at the schoolhouse door.Mary Beth Tinker and brother wore

black armbands to school to protest the Vietnam War.

Tinker V Des Moines (cont.)

• Administrators removed Mary Beth and brother from school, fearing disruption

• Supreme Court ruled that their actions were protected by the 1st Amendment

14 th AmendmentTwo Clauses often cited in lawsuits:• Due Process Clause• Equal Protection Clause

14th Amendment Landmark Case

Due Process• Goss v Lopez (1975)Case: Students are entitled to

certain due process rights.9 Students at Ohio public school

were suspended for 10 days for disruptive behavior without due process.

Goss v Lopez (cont.)• Supreme Court ruled for students:Once the state provides an

education for all of its’ citizens, it cannot deprive them of it without due process.

14th Amendment Landmark Case

Equal Protection• Brown v Board of Education (1954)Case: State laws that establish separate

public schools for black and white students denied black children equal educational opportunities.

Oliver Brown, parent, was concerned about “separate but equal” policies of Topeka public schools.

Brown v Board of Education (cont.)

• District Court ruled in favor of the Topeka Board of Education stating that the schools were equal with regard to buildings, teachers, transportation and curriculum.

Supreme Court RulingSupreme Cour

Chief Justice Earl Warren wrote for the unanimous Court in Brown:• “Today, education is perhaps the most important function of

state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

Correlates of Effective Schools

• THE CORRELATES ARE THE MEANS to achieving high and equitable levels of student learning. It is expected that all children (whether they be male or female, rich or poor, black or white) will learn at least the essential knowledge, concepts and skills needed so that they can be successful.

Clear Mission• Clear School Mission - In the effective

school, there is a clearly articulated school mission through which the staff shares an understanding of and commitment to instructional goals, priorities, assessment procedures and accountability. Staff accept responsibility for students' learning of the school's essential curricular goals.

High Expectations• High Expectations for Success - In the

effective school, there is a climate of expectation in which the staff believe and demonstrate that all students can attain mastery of the essential content and school skills, and the staff also believe that they have the capability to help all students achieve that mastery.

Instructional Leadership

• Instructional Leadership - In the effective school, the principal acts as an instructional leader and effectively and persistently communicates that mission to the staff, parents, and students. The principal understands and applies the characteristics of instructional effectiveness in the management of the instructional program.

Frequent Monitoring of Student Progress

• Frequent Monitoring of Student Progress - In the effective school, student academic progress is measured frequently. A variety of assessment procedures are used. The results of the assessments are used to improve individual student performance and also to improve the instructional program.

Opportunity to Learn and Student Time on

Task• Opportunity to Learn and Student Time

on Task - In the effective school, teachers allocate a significant amount of classroom time to instruction in the essential content and skills. For a high percentage of this time students are engaged in whole class or large group, teacher-directed, planned learning activities.

Safe and Orderly Environment

• Safe and Orderly Environment - In the effective school, there is an orderly, purposeful, businesslike atmosphere which is free from the threat of physical harm. The school climate is not oppressive and is conducive to teaching and learning.

Home / School Relations

• Home - School Relations - In the effective school, parents understand and support the school's basic mission and are given the opportunity to play an important role in helping the school to achieve that mission.

Research• Successful schools were compared

with similar schools, in like neighborhoods, where children were not learning, or learning at a low level. Characteristics describing both types of schools were observed and documented. The basic conclusion of this comparative research was (is):

Research findings• Public schools can and do make a

difference, even those comprised of students from poverty backgrounds.

• Children from poverty backgrounds can learn at high levels as a result of public schools.

Research continued• There are unique characteristics and

processes common to schools where all children are learning, regardless of family background. Because these characteristics, found in schools where all students learn, are correlated with student success -- they are called "correlates". This body of correlated information began what is now refered to as Effective Schools Research.

Research continued• Replication research conducted in recent years

reaffirms these findings and the fact that these correlates describe schools where children are learning and do not describe schools where children are learning at a much lower level.. This replication research has been conducted in all types of schools: suburban, rural, urban; high schools, middle schools, elementary schools; high socio-economic communities, middle class communities, and low socio-economic communities.

Please remember:

•“All students can learn, and we can teach all students.”

Communicating with Parents

Correlate 7:

Home School Relations• In the effective school, parents

understand and support the school's basic mission and are given the opportunity to play an important role in helping the school to achieve that mission.

Ways to Get Parents Involved