Introduction and School Attendance

Introduction and School Attendance - Introduction and...

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Introduction and School Attendance Section 1: Introduction and School Attendance Introduction: Older case law regarding public education held that education was a privilege which was offered by each state to its students. Since it was a privilege, it could be taken away. Today, the courts deem every public school student as having an undeniable constitutional right to education. The courts balance student and school interests and have created a new relationship between them. Likewise, the constitutional guarantee of freedom of speech as applied to teachers protects the academic freedom that neither parents or school authorities can deny. Academic freedom in the classroom is protected by the courts, which have been instrumental in broadening teacher rights to improve education. Recent polls of Americans lead to the conclusion that lack of student discipline is a major obstacle to learning and achievement in the public schools. Some public school teachers and administrators believe that student misbehavior is a result of expanded student rights produced by law suits against school authority. During the last thirty years the number of cases litigated regarding education has greatly increased. These cases have defined student, parent and teacher rights that were previously left up to the discretion of school boards and school administrators. The resulting limits on school authority have also limited control over student behavior. Further, the fear of possible litigation and the complex nature of education law may cause teachers and administrators to inadequately control students. Thus, the constitutional safeguards that apply to public education, established in the 1791 Bill of Rights, may be considered a reason for the lack of adequate education in the public schools. Private schools are more academically focused because they need not adhere to student constitutional safeguards. Private schools simply expel misbehaving students. End of problem. In public schools, however, the increase in school violence has created new challenges for educators and school leaders. Mandatory Attendance: Educated citizens best preserve liberty, benefit the economy and uphold social welfare. Therefore, our courts have mandated mass, general, public education of all citizens. The courts enacted compulsory attendance laws under the common law doctrine of parens patriae. This term defines each state as the guardian for minors. As such, every state must protect and provide for the well being of its citizens. This power to protect and educate supercedes parental authority. A student is considered truant if he is absent from school without a valid cause, such as illness. All parents, however, have the right to send their children to private schools. Home instruction that is
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This note was uploaded on 09/09/2011 for the course MFC 484 taught by Professor Posse during the Fall '11 term at SUNY Buffalo.

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Introduction and School Attendance - Introduction and...

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