Student Attendance and the Instructional Program, Dr. W.A. Kritsonis

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Public School Law & Educational Laws & Policies

William Allan Kritsonis, PhD

STUDENT ATTENDANCE AND THEINSTRUCTIONAL PROGRAM



THE TEXAS LEGISLATURE HAS SPECIFIED TEN

OBJECTIVES FOR PUBLIC EDUCATION

• Participation of parents asfull partners in theeducational enterprise

• Development of full studentpotential

• Reduction of the dropout rateto zero

• A well-balanced curriculum

• Recruitment and retention of highly qualified personnel

• Exemplary studentperformance

• A safe and disciplined

learning environment• Use of creative and

innovative techniques toimprove student learning

• Implementation of

technology• Preparation of students to

become productive citizens



Changes in Education

•The No Child Left Behind Act

(NCLB) was enacted byCongress to ensure that allpublic-school children

perform at grade level bythe year 2014



ATTENDENCE

TEC §25.113

Class size may not exceedtwenty two children for gradesK-4, unless the district has

received a waiver from thecommissioner and provided awritten notice to parents

TEC §25.001

• Children who are at least fiveyears old and under twenty oneon September 1 of the schoolyear are eligible to attend schoolon a tuition free basis

TEC §25.085

• Children ages six to seventeengenerally are required to attendschool

TEC §25.0811

• With the exception of year-round school, school may notbegin before the week in which

August 21 falls, unless thedistrict obtains a waiver



IMPREMISSIBLE DISCRIMINATION

• In 1954 the U.S. Supremecourt began the effort toeliminate de jure racialsegregation (segregation by

law) in our society• Beginning with Brown v.

Board of Education, theCourt repeatedly struck downlaws that treated peopledifferently solely on the basisof color or racial heritage

• In 1964 Congress passed theCivil Rights Act whichprohibits discrimination onthe basis of race, color or

national origin in publiceducation…

Key terms

• De jure segregation –

segregation by law• Unitary – status denoting the

eradication of all aspects of asegregated dual schoolsystem



SCHOOLS AND THE SUPREME COURT

• A number of Supreme Court decisions in thedecades since Brown have further defined the

constitutional claims regarding desegregationfirst set forth in Brown.

• In many cases, these decisions have resultedin court-imposed desegregation plans,

sometimes involving controversial provisionsfor busing students to schools outside of theirimmediate neighborhood.



MAJOR SCHOOL DESEGREGATION CASES

1954 - 1994

• BROWN v. BOAR OF EDUCATIONOF TOPEKA, 1954

• GRIFFIN v. PRINCE EDWARDCOUNTY, 1964

• GREEN v. COUNTY SCHOOLBOARD, 1968

• SWANN v. CHARLOTTE-MECKLENBURG BOARD OFEDUCATION, 1971

• KEYES v. SCHOOL DISTRICTNO. 1, 1973

• MILLIKEN v. BRADLEY, 1974• RUNYON v. MCCRARY, 1976

• PASADENA CITY BOARD OFEDUCATION v. SPANGLER, 1976

• COLUMBUS BOARD OFEDUCATION v. PENICK, 1979

• DAYTON BOARD OF EDUCATIONv. BRINKMAN, 1979

• CRAWFORD v. BOARD OFEDUCATION, 1982

• WASHINGTON v. SEATTLESCHOOL DISTRICT NO.1, 1982

• BOARD OF EDUCATION OF

OKLAHOMA CITY v. DOWELL,1991• FREEMAN v. PITTS, 1992• MISSOURI v JENKINS, 1995



TEXAS CASES

• PRICE v. AUSTIN ISD• Minority schools in a state of disrepair due to budgetary

problems not racial

• CIVIL ORDER 5281• Applied to the entire Texas public school system and is one

of the most extensive desegregation orders in legal history

• The order requires integrated bus routes; an end to

discrimination in extracurricular activities and use of schoolfacilities, nondiscrimination in personnel decision-making…

• TEA has responsibility for enforcing Civil Order 5281.



•PLYER v. DOE• U.S. Supreme court ruling that the state could no longer

exclude children of illegally admitted aliens.

•HOPWOOD v. STATE OF TEXAS• States that preference given to African Americans and

Mexican American in the admission process at the University

of Texas School of Law violated the Fourteenth Amendmentequal protection clause.



SECTION 504 OF TITLE V OF THE REHABILITATION ACT OF

1973

• Prohibits discrimination againstindividuals with disabilities in federally

assisted public schools programs.

• The Individuals with DisabilitiesEducation Act (IDEA) requires that anystate receiving financial assistanceunder the act must assure a free,appropriate public education to children

disabilities.



TITLE IX

1972 EDUCATION AMENDMENTS

• PROHIBITS INTENTIONALDISCRIMINATION ON THE BASIS OF

SEX IN PROGRAMS THAT RECEIVEFEDERAL ASSISTANCE

• TITLE IX HAS BEEN GIVEN NEW

SIGNIFICANCE BY THE U.S. SUPREMECOURT’S 1992 UPHOLDING THE RIGHTOF VICTIMS TO SUE FOR

COMPENSATORY DAMAGES.



RESIDENCY AND GUARDIANSHIP

• UNDER TEC §25.001 STUDENTS AREENTITLED TO ATTEND THE SCHOOL IN

THE DISTRICT ON A TUITION-FREEBASIS UNDER SEVERAL SCENARIOSSUCH AS;

A STUDENT BEING MARRIEDA STUDENT IN FOSTER CARE

FOREIGN EXCHANGE STUDENT



THE COMPULSORY SCHOOL LAW

•TEC §25.085

•Requires that a person who is atleast six years of age, or who isyounger than six years of age

and has previously been enrolledin first grade and has not turnedeighteen shall attend school



THE COMPULSORY SCHOOL LAW

• Exceptions to Attendance Requirements• Child is 16, and in a course of instruction as recommended by a public agency

with custody of child; child is 17 and has a high school certificate; enrolled inprivate or parochial school which includes a course in good citizenship;handicapped child or child with mental condition making attendance infeasible;is expelled

• Home School Provisions• Children taught in a bona fide manner from curriculum designed to meet basic

education goals (Texas Education Agency v. Leeper, 1994)

• Penalties on Parents for Noncompliance• Warn parent in writing; on noncompliance, file complaint against parents for

offense of Class C misdemeanor; each day constitutes separate offense



ABSENCES

• TEC §25.095

• A school district or open-enrollment charter

school must notify parents at the beginningof the school year that if a student isabsent from school on ten or more full orpartial days with in a six month period in

the same year or on three or more days orparts of days within a four-week periodboth the student and the parent are subjectto prosecution.



ABSENCES

• TEC §25.0951

• If the student fails to attend school without

excuse on three or more full or partial dayswithin a four-week period, the district mayfile a complaint in an appropriate court orrefer the student to a juvenile court

• Failure to have a child attend school is aClass c misdemeanor.



ABSENCES

• TEC §25.087

• Allows temporarystudent absences from

school for any reasonacceptable to theteacher, principal, orsuperintendent.

• Requires school districts

to excuse students whoare observing religiousholy days, includingtime traveling to andfrom observance

• School districts mustalso excuse a studentwho has a medical

appointment if thestudent returns toschool on the same dayas the appointment.

• Students absent for

either of these reasonsare to be allowed tomake up missed work



ABSENCES

• TEC §25.092

• Requires that a student may not be

given credit for a class unless thestudent is in attendance for at least 90percent of the days the class is offered

• School districts must appointattendance committees to hearpetitions for class credit by studentswho do not meet the 90 percent

requirement



MAINTAINING A SAFE SCHOOL

ENVIRONMENT

• Students, like othercitizens, are subject to thelaws of the community,state and nation.

• Under certaincircumstances they can beheld accountable for theirillegal acts on schoolpremises in the criminal or

juvenile justice systemswhether or not they aresubject to the authority of the school

• TEC §37.125 Provides that aperson commits a third-degree felony by exhibiting,using, or threatening toexhibit or use a firearm tointerfere with the normal useof a public or private schoolor school bus

• The federal Gun Free SchoolAct of 1994 requires a one-year expulsion for students

who come to school withguns

• Related Cases• United States v. Lopez, 1995



THE INSTRUCTIONAL PROGRAM

• TEC §§28.001-.002

• 1981 Legislation requiring a well-

balanced curriculum in Texas publicschool districts, including both afoundation curriculum and anenrichment curriculum

• The state board, educators, parents andcorporate representatives is todesignate the essential knowledge and

skills (TEKS) of the required curriculum



• Student Assessment

• The legislature hasdirected the State Boardto establish a statewidestudent knowledge-andskills assessmentprogram, currently the

Texas Assessment of Knowledge and Skills(TAKS)

• School District AccountabilityTEC §39.051

• Directs the State Board of Education to establish a set of

academic excellence indicators forschool campuses such as resultson state assessments, dropoutrates, attendance, SAT results

• Campus report cards prepared byTEA compares the performance of the campus on the academic

excellence indicators,student/teacher ratios andadministrative cost per studentwith the performance of districtand other schools in the state



EXTRACURRICULAR ACTIVITIES

AND THE UIL

• TEC §33.081: The State Board of Education establishes therules limiting participation in extracurricular activities during theschool day and school week, including practice times

• TEC §33.082: Prohibits a school district from holding an

extracurricular activity, including practice time, in an athleticclub that discriminates on the basis of race, color, religion,creed, national origin or sex

• TEC §33.083: The Texas Legislature has limited the autonomyof the UIL by requiring it to submit its rules and procedures tothe commissioner of education for the latter’s approval ormodification

• Related Cases• Spring Branch I.S.D. v. Stamos, 1985

• Niles v. University Interscholastic League, 1983



ADDRESSING THE NEEDS

OF SPECIAL GROUPS

• At-Risk Children• TEC §§33.151-.158: Addresses Communities in

Schools in drop-out prevention

• TEC §29.081: Requires districts to developappropriate compensatory or accelerated

programs for students who are not performingwell or at risk of dropping out or has notperformed well on secondary exit-level test

• Bilingual Children• In Lau v. Nichols, 1974 the U.S. Supreme Court

decided that federal guidelines enforcing Title VIof the 1964 Civil Rights Act require schooldistricts to eliminate language deficiencies where

school board policies discriminate againstminorities

• TEC §29.056: TEA is required to developstandardized criteria for identifying, assessingand classifying bilingual students.

• Gifted Children• TEC §29.121: Defines gifted as one who

performs at or shows the potential forperforming at a remarkably high level of accomplishment when compared to others of thesame age, experience or environment and whoexhibits high performance capability in anintellectual, creative, or artistic field; possessesan unusual capacity for leadership, or excels in aspecific academic field

• Abused and NeglectedChildren

• Provisions of the Family Code requires thatanyone having cause to believe that a child’sphysical or mental health or welfare has been ormay be adversely affected by abuse or neglectshall immediately make a report to any local orstate law enforcement agency, the Department

of Protective and Regulatory Services



Abused and Neglected Children

• Provisions of the Family Code requires that anyone having cause to believe that achild’s physical or mental health or welfare has been or may be adversely affectedby abuse or neglect shall immediately make a report to any local or state lawenforcement agency, the Department of Protective and Regulatory Services

• Failure to report suspected child abuse or neglect is a Class B misdemeanor

• In addition to observing the reporting requirement under the Family Code, Asuperintendent or director of a school district, regional education service center orshared services arrangement now is required to notify the State Board for EducatorCertification (SBEC) upon reasonable belief that an educator employed or seekingemployment has a criminal record, an educator was terminated based on abuse of or other unlawful act with a student or minor or an educator resigned based on

such misconduct and reasonable evidence supports a recommendation fortermination

• Related Cases

• Morris v. State, 1992

• Chaney v. Corona, 2003

• Texas Education Agency v. Morris, 1994



SUMMARY

• While racial and ethnic discrimination issuescommand less attention today than in thepast, sex discrimination and harassment havebecome major concerns

• Virtually all students are entitled to a tuition-free education

• Despite the fact that local districts have someauthority, significant top-down authorityremains with state and federal law makers



REFERENCES

• Walsh, J, Kemerer, F & Maniotis, L. (2005). TheEducator’s Guide to Texas School Law. (6th ed.)Austin,Texas, University of Texas Press.

Documents

Student Attendance and the Instructional Program, Dr. W.A. Kritsonis