The Instructional Program

1
The Instructional Program
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Robust Exchange of Ideas

• Generally, the courts believe in leaving
  education to the community. through wide
  exposure to that robust exchange of ideas which
  discovers truth out of a multitude of tongues
  rather than through any kind of authoritative
  selection.

3
First Amendment

• The courts generally protect First Amendment
  speech in curriculum, saying that no school can
  function as a marketplace of ideas unless both
  students and faculty enjoy an atmosphere
  conducive to debate and scholarly inquiry.

4
Judges not Experts

• In the Schempp case, Justice Brennan stated that
  curriculum determination should be left to
  educational experts and not to judges.

5
Andrews v. Webber

• In this early (1886) case, the state Supreme
  Court of Indiana upheld a districts right to
  impose curricular requirements for students,
  despite the parents protest that he felt it
  wasnt in his childs best interest.

6
Sandlin v. Johnson

• This class action suit was heard in 1981 after a
  second grade teacher failed eighteen of nineteen
  students for failure to demonstrate reading
  proficiency. The found for the teacher, saying
  that decisions about promotion are within the
  expertise of educators and are inappropriate for
  review in a judicial context
• (see p. 281).

7
Meyer v. Nebraska

• This case from 1923 involved a Nebraska law
  banning the teaching of foreign languages in
  public schools. The law reflected the post-WWI
  anti-German sentiment. The Supreme Court found
  the law to violate teachers 14th Amendment
  rights to substantive due process.

8
Steirer v. Bethlehem Area

• This 1993 Third Circuit Court of Appeals case
  tested the requirement of students being mandated
  to perform community service as a graduation
  requirement. The U.S. Court of Appeals found
  that it did not violate students Constitutional
  rights and upheld the schools requirement.

9
Immediato v. Rye

• This 1996 Second Circuit Court of Appeals case
  concurred with Steirer, upholding the schools
  right to require community service for graduation.

10
Pall of Orthodoxy

• In 1957 the Supreme Court said, Scholarship
  cannot flourish in an atmosphere of suspicion and
  distrust. Teachers and students must always
  remain free to inquire, to study, and to
  evaluateThe state cannot chill that free play
  of spirit which all teachers ought especially to
  cultivate and practice. (Sweezy v. New
  Hampshire)

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Current Trends

• The current Supreme Court has taken a strong
  position regarding decisions regarding curriculum
  and the availability of books, films, and other
  materials. It has stated that these decisions
  belong in the hands of the local school board,
  even if they result in a constriction of the flow
  of information and diminution of knowledge.

12
Island Trees v. Pico

• This case from 1982 involved a school board that
  had nine books (see p. 290) removed from the
  shelves of the school library. Several students
  and parents took the case to court, and the
  Supreme Court ruled that this was a deliberate
  suppression of ideas in the library where
  students could voluntarily check out a variety of
  materials.

13
Counts v. Cedarville

• In this 2003 case the U.S. District Court for the
  Western District posed the question
• Does a school boards decision-to restrict
  access to library books only to those with
  parental permission-infringe upon the First
  Amendment rights of a student who has such
  permission?

14
Counts v. Cedarville

• The school board voted to restrict the Harry
  Potter books in the school library, claiming they
  promoted a witchcraft religion that was harmful
  to children. The court found that the defendants
  in the case presented no issue of material fact
  to support this claim, and ruled that the
  district action violated the students First
  Amendment rights to free speech and expression.

15
Note

• The Pico case was a close decision by the Court,
  with a plurality voting in favor and not a clear
  majority. Several conditions led to this
• Library v. classroom
• Voluntary nature of student participation
• Intent
• Deference to educators

16
Virgil v. Columbia County

• In this 1989 case, the Supreme Court ruled that
  local school boards may take into account the
  emotional maturity of students in determining
  whether or not to allow certain materials or
  books to be used in courses. The concerns of the
  school board need to be reasonably related to the
  appropriateness of the subject matter in the
  books in question.

17
Mozart v. Hawkins

• In this 1987 case, a group of parents claimed
  that the basal reading series their children was
  required to use violated their religious beliefs.
  The U.S. Court of Appeals found that the books
  did not violate the students 1st Amendment
  rights.

18
Brown v. Woodland

• In this 1994 case, the Ninth Circuit Court of
  Appeals (Hawaiis) found that a curriculum
  discussing witchcraft and sorcerers does not
  violate the Establishment Clause of the 1st
  Amendment. Breathe easier, Harry Potter fans!

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Obscenity and Sex

• Schools and school districts have a great deal of
  latitude to protect students from lewd or vulgar
  material. Community standards are given great
  support by the courts. Films can be restricted,
  and in Hawaii there is a policy against the use
  of R rated films.

20
Cornwell v. State of Maryland

• This case, from 1969, paved the way for states to
  have the right to require a sex education course
  for all students.

21
Keefe v. Geanakos

• Teachers can call upon the protection of
  academic freedom in the use an obscenity if
  they can demonstrate that such use had a
  demonstrated educational purpose.

22
Fowler v. Lincoln County

• This case involved a teacher who allowed her
  class to watch Pink Floyd-The Wall while she
  graded papers. It was not shown for
  instructional purposes, and the editing of
  sexually explicit scene was done by a student who
  held a file folder in front of the TV. The
  teacher was subsequently dismissed, and the court
  upheld dismissal.

23
Evolution v. Creationism

• There can be no law banning the teaching of
  evolution (Epperson v. Arkansas)
• There can be no law requiring the equal
  treatment of both (Edwards v. Aguillard)

24
Student Testing

• The Debra P. v. Turlington case of 1983 was
  pivotal in establishing that states may require a
  test of functional literacy of students before
  granting them a diploma, but the test must be a
  valid measure of instruction.

25
Grading and Academic Requirements

• A high school diploma is protected property
  according to the Fourteenth Amendment. Once a
  student has completed all of the requirements for
  a diploma, it may not be withheld by the school
  district. Participation in graduation ceremonies
  may be used as a discipline tool, but the diploma
  must be granted once earned.

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Grade Reduction

• A students grade may not be reduced simply as a
  disciplinary measure if it is not tied into a
  legitimate academic reason. Schools may link
  attendance to student grades, but they need to
  specify the policy and implement it consistently
  and fairly. (Campbell v. New Milford)

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Bilingual Education

• The Supreme Court, in Lau v. Nichols (1974) found
  that the Civil Rights Act of 1964 provides
  students a right to bi-lingual education.
  Subsequently, the 9th Circuit Court of Appeals
  ruled that this education need only be
  compensatory, not primary.

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REMINDERS

• Make sure you have your updated copy of the
  syllabus and check the due date changes on it.
• We dont have class next week. See you on
  February 23.