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Teachers and The Law 7 th Chapter 18 Do Parents Have Choices in Educating Their Children? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella.

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Presentation on theme: "Teachers and The Law 7 th Chapter 18 Do Parents Have Choices in Educating Their Children? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella."— Presentation transcript:

1 Teachers and The Law 7 th Chapter 18 Do Parents Have Choices in Educating Their Children? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.”

2 Copyright © Allyn & Bacon 2007 Key Concepts Do Parents Have Choices in Educating Their Children Compulsory Schooling and Parents’ Rights Home Schooling Objections to the Curriculum

3 Copyright © Allyn & Bacon 2007 Chapter 18 Do Parents Have Choices in Educating Their Children Essential Question How have the state courts provided education choices for children?

4 Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 18 KEY TERMS- Chapter 18 Duty to attend school (402) Charter Schools (403) Vouchers (404) The Amish Way (404)

5 Copyright © Allyn & Bacon 2007 Case Pierce v. Society of Sisters

6 Copyright © Allyn & Bacon 2007 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 Compulsory Schooling and Parents’ Rights

7 Copyright © Allyn & Bacon 2007 Schools 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.

8 Copyright © Allyn & Bacon 2007 Must meet 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. Home Schooling

9 Copyright © Allyn & Bacon 2007 Adequacy of 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” (409)

10 Copyright © Allyn & Bacon 2007 Home School 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.

11 Copyright © Allyn & Bacon 2007 Two conflicting propositions regarding the course material Right to Guide ParentSchool 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. Objections to the Curriculum

12 Copyright © Allyn & Bacon 2007 Case Mozert v. Hawkins County Public Schools

13 Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

14 Copyright © Allyn & Bacon 2007 Chapter 18 Do Parents Have Choices in Educating Their Children? 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?


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