Post by Chris_Wendt on Nov 18, 2013 12:29:33 GMT -5
Part One.
The U.S. Constitution makes public school education a function of state governments.
The New York State Constitution guarantees to every child in our state a free, sound, basic education.
NY Education Law requires school districts to educate children in accordance with various policies established by the Board of Regents and regulations promulgated by the Commissioner of Education.
The Compulsory Attendance Law requires parents to send their children to school until they are sixteen, and it requires children to attend school until they are sixteen. Children have a right to not attend school upon reaching their sixteenth birthday.
In order for parents and students to take advantage of the constitutionally guaranteed free, sound, basic education, only three or four things are required:
This performance concept is modified somewhat in high school, in that high schools may enforce policies for required academic performance as prerequisites for enrollment into higher-level courses or programs, and students must meet state academic standards in order to receive a high school diploma and graduate.
There is a requirement for the state and school districts to provide a free, sound, basic education to all children; there is a requirement that all children must attend school until they are at least sixteen, but, there is no requirement in law or regulation, or, under the state constitution that any student meet any academic standards in order to progress through various grade levels, or, that any student must graduate from high school.
The dark side of this situation is that school boards, school districts, school administrators, school principals, and teachers are all held accountable to the state and central (federal) government for students meeting academic performance criteria laid down by the Regents and the State Education Department. The even more sinister side is that NY State has acceded to Federal curriculum and academic performance criteria, to be enforced, financially, by the State on the aforesaid local school districts and their educators, but which are NOT ENFORCEABLE UPON STUDENTS OR THEIR PARENTS.
Therefore, although the federal and state governments have colluded to impose federal academic performance standards upon State Education Departments who then impose those requirements upon NY State’s 700 school districts and upon each of their individual public schools, those standards are non-binding and not enforceable on the 2.7 million students who attend those schools in NY. Thus, the federally-mandated and state acceded-to Assessments (tests), used to adjudge academic performance against federal and state learning standards, are not enforceable upon students or their parents, either.
The bottom line to this blog is that forcing students to sit for federally-mandated state Assessments is NOT a legitimate price for YOUR CHILD to have to pay in exchange for his or her free, sound, basic public school education.
That having been said, holding children out of school is not a viable option for parents, as this violates the Compulsory Attendance and Truancy Laws, for which there may be unintended and serious consequences for parents and students, and which action could result in a reduction of a state aid payment to the school district.
However, “Opting-out” of participation in (taking) Assessments, but attending school at the same time, will not run afoul of any law, but may yet engender negative consequences for students and parents among the school (or school district) community.
End of Part One....
Part Two, tomorrow....
Please stand-by.
Chris Wendt
The U.S. Constitution makes public school education a function of state governments.
The New York State Constitution guarantees to every child in our state a free, sound, basic education.
NY Education Law requires school districts to educate children in accordance with various policies established by the Board of Regents and regulations promulgated by the Commissioner of Education.
The Compulsory Attendance Law requires parents to send their children to school until they are sixteen, and it requires children to attend school until they are sixteen. Children have a right to not attend school upon reaching their sixteenth birthday.
In order for parents and students to take advantage of the constitutionally guaranteed free, sound, basic education, only three or four things are required:
- Register for school in accordance with school district policy
- Have the students vaccinated and provide proof to the school district
- Apply for transportation, if eligible
- Show up and attend class.
This performance concept is modified somewhat in high school, in that high schools may enforce policies for required academic performance as prerequisites for enrollment into higher-level courses or programs, and students must meet state academic standards in order to receive a high school diploma and graduate.
There is a requirement for the state and school districts to provide a free, sound, basic education to all children; there is a requirement that all children must attend school until they are at least sixteen, but, there is no requirement in law or regulation, or, under the state constitution that any student meet any academic standards in order to progress through various grade levels, or, that any student must graduate from high school.
The dark side of this situation is that school boards, school districts, school administrators, school principals, and teachers are all held accountable to the state and central (federal) government for students meeting academic performance criteria laid down by the Regents and the State Education Department. The even more sinister side is that NY State has acceded to Federal curriculum and academic performance criteria, to be enforced, financially, by the State on the aforesaid local school districts and their educators, but which are NOT ENFORCEABLE UPON STUDENTS OR THEIR PARENTS.
Therefore, although the federal and state governments have colluded to impose federal academic performance standards upon State Education Departments who then impose those requirements upon NY State’s 700 school districts and upon each of their individual public schools, those standards are non-binding and not enforceable on the 2.7 million students who attend those schools in NY. Thus, the federally-mandated and state acceded-to Assessments (tests), used to adjudge academic performance against federal and state learning standards, are not enforceable upon students or their parents, either.
The bottom line to this blog is that forcing students to sit for federally-mandated state Assessments is NOT a legitimate price for YOUR CHILD to have to pay in exchange for his or her free, sound, basic public school education.
That having been said, holding children out of school is not a viable option for parents, as this violates the Compulsory Attendance and Truancy Laws, for which there may be unintended and serious consequences for parents and students, and which action could result in a reduction of a state aid payment to the school district.
However, “Opting-out” of participation in (taking) Assessments, but attending school at the same time, will not run afoul of any law, but may yet engender negative consequences for students and parents among the school (or school district) community.
End of Part One....
Part Two, tomorrow....
Please stand-by.
Chris Wendt