Teachers and the Law, 8e

Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Chapter 19 Do Parents Have Choices in Educating Their Child?

Key Concepts Compulsory Schooling and Parents’ Rights Objections to the Curriculum Home Schooling

Essential Question How has your state provided education choices for children?

Key Terms

Case Pierce v. Society of Sisters

Compulsory Schooling and Parents’ Rights • Schooling is a right provided by each state, not by U.S. Constitution. • Attendance is compulsory. • Children and youth have a duty to attend school • beginning at 6,7,8 • extends to ages 15-18.

Charter Schools 41 STATES – 2010 Charter Schools: • designed to remedy the shortcomings of public schools. • vary in design from state to state. • are autonomous or semiautonomous public schools created by a contract or charter between the school’s organizers and a sponsor. • may vary in availability and quality.

Home Schooling Meets the requirements of their particular state statute. General Characteristics: • includes teaching “the branches of education taught to children of corresponding age and grade in public schools”; systematic reporting to the local school superintendent. • places the burden of proof of adequacy on the parent or the state or school officials. • has liberal or strict interpretation for home schooling; as well as, state laws must be clear and unambiguous.

Adequacy Home Instruction • competency of teachers • teaching of subjects required by law or regulation • “manner in which the subjects are taught so as to impart comparable knowledge as given in the local schools” • number of hours and days devoted to teaching • “adequacy of the texts, materials, methods, and programs being used” • “availability of periodic tests and measurements of child’s educational growth”

Home School Instruction • States do not have uniformity in allowing home schooled students the right to participate in extracurricular activities. • Home Schooled students do not have a right to part-time enrollment in public schools. • A decision to home school a child is not a grounds for a change in custody. • States cannot supervise home schooling through home visits.

Objections to the Curriculum • Two conflicting propositions regarding the course material • Children can be exempt from portions of the curriculum if they have bona fide religious or moral objections • Children can be excused from parts of the curriculum for reasons other than religious or moral objections. Right to Guide Parent School

Cases Alfonzo v. Fernandez American Civil Liberties Union of Florida, Inc. v. Miami-Dade County School Board Mozert v. Hawkins County Public Schools

Initial Proceedings Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Discovery Begins Case Study Settlement Conference • Step by Step • In The • Court System OUTCOME EDUCATIONAL IMPLICATION

Reflection In what ways, do courts and laws attempt to maintain an appropriate balance between the needs of society and the rights of parents to guide the upbringing of their children?

Teachers and the Law, 8e