U.S. Constitution and Laws Over State Constitutions and Laws?

When a State constitution or law is challenged, the courts can decide if it is in keeping with the U.S. Constitution and Federal laws. State education laws, therefore, must be in keeping with the U.S. Constitution. You can see, then, that every law, policy, guideline, regulation, rule, and practice related to public education can be traced back to the U.S. Constitution.

The United States Supreme Court is the final legal authority, but decisions can be made by other courts, subject to final review by the Supreme Court. Actions, rules, regulations, and laws are assumed to be constitutional (legal) ufless challenged by someone. For example, if a school board adopts a very severe policy on discipline, you can challenge it on grounds that the policy:

1. Violates a certain State law; 2. Violates State constitution; 3. Violates a Federal law; or, 4. Violates the U.S. Constitution. You can also challenge lack of action for the same reasons. In other words, you can say that a teacher, school district, or State or Federal agency has not taken action required by law and, therefore, is in violation of the Constitution. For example, if a school district has not taken steps to integrate its schools, you can challenge its lack of action as a violation of the Federal law and the Constitution.

From the information we have provided thus far, it is clear that people in positions of authority, including teachers in public schools, have no legal power except that which is granted by the Constitution and laws passed under its authority. More information on the Constitution and the rights it

protects is provided in chapter 3. In that chapter, you will see the specific rights you have with respect to the public schools. That chapter also gives information on various Federal laws that have been passed to help protect your rights and improve the public schools.

Where Does the Money Come
From?

The schools are public institutions that operate with local, State, and Federal tax dollars. Some of the money is collected every year and spent in the same year. Other funds are borrowed under a system that permits school districts to sell "bonds." These bonds are promises by the school district to make payments over the next 10, 20, or 30 years, until the total amount is paid. Payments include interest charged by the banks, companies, or individuals who loan money to the district by buying the bonds. Bonds are usually used to buy large items of equipment and to build or remodel buildings. These are called capital expenses. The school districts, then, collect taxes to pay for current operating costs and long-term bond debts for capital expenses.

Money for your schools comes from the four major sources shown in figure 3. Although bonds are listed as a major source, you should remember that local taxes are used to repay the bonds over a long period of time.

The amount of money received from each source depends on many things, including local property values, number of students, types of courses taught, and applications (proposals) submitted for funds. The issue of school finance and its effect on equal educational opportunities is very complicated and often unfair to everyone. If you are interested in learning more about it and how it affects your district, you should read reports such as Mexican American Education In Texas: A Function of Wealth, published by the U.S. Commission on Civil Rights.1

Since tax money is being used to run your schools, you have an obligation to be concerned about how the money is used. Even if you do not own property, you still indirectly pay local property taxes when you pay rent to your landlord. If you live in public housing, you still must pay sales taxes and income tax, and both are used to help pay for the schools.

Who Is Responsible for School
Decisions?

You saw in the education pyramid that many different persons and agencies are responsible for the good or poor quality of education students are receiving. Members of your local district board of trustees have a very significant public responsibility. They are responsible for setting education goals and policies, collecting taxes, approving budgets, hiring staff, and making changes when things go wrong.2

Naturally, school board trustees must use good judgment and common sense in doing their jobs. First and foremost, they should be interested in providing good educations for all the children in the district, not just a select few. While they must follow the laws and regulations established by State and Federal authorities, they do have a great deal of local authority.

What Are the Major Issues in
Schools?

Do you know what the important issues are in educating your children and running your schools? Perhaps a brief review will help you identify the major points you can consider. They can be divided into five major categories or sections: (1) curriculum; (2) personnel; (3) school plant and equipment; (4) parent and student rights; and, (5) school board and accountability.

Curriculum

Curriculum is the name given to the studies and courses provided to students in school. The school's curriculum describes what and how much children are going to be taught. English, mathematics, reading, Spanish, history, government, science, typing, farming, auto mechanics-all of these and other courses are part of the curriculum.

The important question to ask about curriculum is, what is the student expected to learn? What should students know and be able to do when they complete the first grade, elementary school, junior high, and high school?

Only after deciding what students should know when they finish a school year or course of study should the curriculum be set up. Who decides what students should know and who decides the school curriculum? The answer is many people, including you.

First, the State education agency sets minimum standards. This means that, through laws and regulations, decisions are made on the basic courses that should be taught. State laws, for example, require that English be taught. Once the basic requirements are met, each school district then decides if it wants to teach additional subjects. Sometimes the State requires that at least one subject out of a group of two or three be taught, and the districts choose one or more. The State then evaluates the school district's curriculum plan and approves it. If the plan is not approved, the district is not "accredited" (not approved) and cannot receive State funds. It is primarily through accreditation that the State supervises local school districts.3

Remember, the requirements are only the minimum needed to be accredited and to receive basic State funds. School districts can provide more and better courses than the State requires. As an interested parent or student, you can recommend that new courses be added or that existing courses be dropped or improved. For example, it is often necessary to approve new textbooks, and parents should be involved in making recommendations on what books to use. The decision to add, improve, or drop courses should then be made if it is felt that the action: (1) is needed, (2) can be afforded, and (3) does not violate State requirements.

When reviewing the curriculum in your schools, consider these general rules of thumb: Elementary School-The studies at this level should provide students with the ability to read, write, spell, do basic mathematics, use their minds to explore new ideas, and to get along with others. At this level, children are learning how to learn and how to think clearly. They need to develop a foundation for their future education. This means learning to understand themselves, developing confidence in what they do, and respecting the rights of others. Much of their learning comes outside of the classroom in the playground, the cafeteria, the home, etc. For the best results, it is important that, as a parent, you know what happens in school by visiting the teacher and discussing your child's progress in class.

Mid, Junior, and High School-As students advance in age and school years, the curriculum becomes more specialized and more challenging. If the overall foundation was not provided in elementary school, the student might have problems in the higher levels. The curriculum now goes into special courses in math, English, and other areas. Special vocational skills might be taught such as typing, mechanics, or welding. At this stage, it is important that as a parent you know if your child is being taught the courses needed to go to college or only vocational cour

ses. Also, does the curriculum have studies that will help the student get along in the "outside" world, such as budgeting, consumer protection, citizenship, and cultural awareness? Even if you yourself did not go to high school, you still have the right to look into your school's curriculum. Your age, your experience, and your common sense will help you evaluate the curriculum. So don't be afraid to ask questions and to raise concerns. Good teachers, good principals, and good school administrators welcome questions from parents because it shows they are interested in the schools.

Other points to consider in reviewing the curriculum include:

Homework-As a parent you should be interested in the amount and type of homework your child receives. Sometimes it can be too much, or too hard, and can result in frustration and failure; other times it might be so little that very little is learned during the year. You should keep up with your child's homework.

Ability Grouping and Tracking-In many schools students are assigned to classes according to test results, so that all the "bright" children are in one group and the "slow" ones are in another. This can have a serious effect on children, especially those who have problems speaking English. Studies have shown that children who are grouped in the slow-learner category are often placed there because the tests used did not properly measure intelligence. Other studies have shown that both "bright" and "slow" children often learn more when they are in mixed groups because there is more diversity and more opportunity to succeed."

Guidance and Counseling-In some schools, counselors do not have the time or training to provide individual attention to students. Unless counselors are well trained and have the time, many disciplinary, academic, and personal problems will go without proper attention. Without good counseling, some students will be given wrong information and advice on academic and vocational courses that will influence the rest of their lives. For example, students who have the talent might miss the opportunity to become engineers or doctors because of poor counseling.

Compensatory Education-Compensatory educa

tion is provided in many schools for students who need additional help to reach the level required in the grades they are in. This help might be needed because they speak more Spanish than English, or because they didn't have the same opportunities to learn what other children in their grade have learned. Compensatory education does not mean that the students are not as smart as others; it only means that they got a later start in learning and they need help to catch up. Remember, what a student should know when he or she finishes a school year is important. Compensatory education allows schools to provide extra help to students who need it to catch up with the others. Funds are often provided by Federal programs, but schools have to submit proposals.

Bilingual Education-Children who grow up speaking a language other than English at home can learn more in school by being taught in both their home language and English. In this way, they learn the subject being taught-they learn correct usage of Spanish, for example—and they learn English. Bilingual education requires specially trained teachers, which means more costs. Funds are provided from Federal and State levels if your school districts submit plans and proposals. Schools are required to provide equal educational opportunity for all children, and many times this requires teaching in Spanish or in another language until they learn English. It is also important that serious consideration be given to bilingual-multicultural education throughout the school system. Several States | have special programs to encourage this.5

Extracurricular Activities-Even though students usually do not get credit for working on the school paper, playing sports, being in student government, or belonging to school clubs, these activities can play a big part in their education. These activities should be open to everyone without unfair restrictions on participation. Grades, Passing and Failing-The system for grades, report cards, and deciding when a student is to be held back a year is very important. If you have serious concerns about this, you should look for advice from people who have some experience and expertise. However, when you have questions on one or two grades your

child received, discuss them with the teacher to see if you need to follow up.

Personnel

Personnel are the people hired to work in the schools. There are generally three types of personnel in the schools: (1) the administrators, who supervise everyone else; (2) the teachers and other professionals who have direct contact with students; and, (3) the support staff, including teachers' aides, secretaries, and maintenance and food service workers.

The administrators are usually teachers who have been promoted because of experience and special training. The larger the school district is, the more the administrators. They play an important part in the schools, since they often recommend policies to the school board and often interpret these policies. Principals, assistant superintendents, and business managers are administra

tors.

Teachers are usually hired by contract and must have certain qualifications, including certificates from the State authorizing them to teach. Their salaries are set by the State, although local districts can pay more if they have enough local money. It is very important that you meet and visit the teachers, who are the people in contact with your children every day. Other professionals include counselors, coaches, and nurses.

The support personnel are often neighborhood people who work at the school. Without their help, it would be impossible to run the schools, and they too are very important.

All the staff are responsible to the superintendent, who is responsible to the school board. These people must be hired and treated without discrimination. If you believe that employment discrimination exists in your school district, then complaints can be filed with the Equal Employment Opportunity Commission (EEOC). (See chapter 6.)

To have a good understanding of how your schools operate, you need to know the employment rules. How do they hire teachers? When are teachers transferred and promoted? When are they reprimanded or dismissed? Are they qualified?

These and other questions are important. You should know the answers. Chapter 4 gives you suggestions on how to get these answers.

The School Plant

The school plant and equipment very often influence the education of your children. If the school building is old and falling apart, it might not have the facilities needed for recreation and food services or bathrooms. Maybe it's too hot in the summer and too cold in the winter. Sometimes the equipment-such as desks, chairs, projectors, and typewriters-may be too old and always breaking down. In vocational training, the machines used might be so old that they are obsolete and are no longer used by private industry.

Do you believe that the supplies and equipment at your school are "hand-me-downs" from another school? Why should your school use old equipment when another school in the same district has brand new equipment? How good is the playground and equipment? Are there any safety problems? These are just some of the questions you should consider in looking at the school plant and equipment. The point to remember is that buildings and equipment are very important parts of the education program.

Chapter 4 has several suggestions on what to look for in judging your school plant and equip

ment.

Parental and Student Rights

Parental and student rights are based on the fundamental rights provided in the U.S. Constitution. Chapter 2 discusses the legal aspects of these constitutional guarantees. Special laws passed by Congress and decisions made by Federal courts are explained. Chapter 5 reviews special laws passed by the State legislature, and decisions made by State courts with respect to these rights.

The important point about laws, court decisions, and individual rights is that when your rights are violated you can receive official protection to stop or correct the problem. This protection of your rights comes from the State or Federal agency responsible for enforcing a law or from a court. If you ask the courts to help you, it means that you will probably need a lawyer.

Another point to consider about rights is that their meanings are subject to interpretation. In