Week+6+-+Private+Ed+and+Civil+Rights

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 * __**TOPIC**__ || __**REFERENCE**__ || __**NOTES**__ ||
 * **// I. Private Schools: State Regulation and Services //** ||  ||   ||
 * ** A. Constitutional Constraints on State Regulation ** ||  ||   ||
 * ** B. State Approval Requirements ** ||  ||   ||
 * ** C. Government Aids to Education in Private Schools ** || First Amendment
 * 1. Aid Directed to Religious Schools || Tilton v. Richardson

// __[|403 U.S. 672 (1971)]__ // || -Direct government grants to church-related private schools for building maintenance in povery areas and instructional expenses in secular courses were overturned as unconstitutional. -State reimbursement of church school expenses to conduct state-mandated student achievement tests and to report results to the state was first voided unconstitutional aid to religion, b ut was later upheld if tests were prepared and scored by state employees, it was later upheld even if the scored by parochial school teachers. -The Constitution Permits, it does not require, state governments to grant any benefits to private schools. (Valente & Valente) ||
 * 2. Aid Directed to Students & Parents || Establishment Clause

Everson vs. Board of Education || -Some government benefits for students or parents are provided through school channels (lunch programs, transportation, etc.), while others are delivered directly to students or parents (remedial services, tuition grants, tax deductions). Valente & Valente

|| Wisconsin Statute 115.791- Reimbursement for private school placement
 * 3. School Transportation || Wisconsin State Statues:
 * 121.51** (1), **121.54**(1b, 2b, 3,4, 7b,8a, 10) **121.545** (1), || [|School Transportation and Private schools.doc] ||
 * 4. Instructional Materials & Equipment ||  || [|Instructional Materials and Equipment.doc] ||
 * 5. Remedial Services || Wisconsin Statute 115.77-Local Educational agency duties(special education)

//Aguilar v. Felton// //School District of Grand Rapids v. Ball // || “Auxiliary services” to students of church-related schools vs public ie: Therapeutic counseling Provisions of a sign-language interpreter inside a parochial school classroom under IDEA (Zobrest v. Catalina Foothills school dist Provisions of remedial instruction to disadvantaged children inside parochial schools by publicly employed professionals under Title I of the federal education aid statute. [Agostini] Loan of computers and instructional materials for student use inside religious school [Mitchell] || Tuition tax credits and deductions for educational expenses (New York, Minnesota, Arizona) To avoid some states have bypassed state laws and passed to the interpreting of federal educational aids. ||
 * 6. Tuition Assistance & Tax Relief || Grant of tuition vouchers to low-income parents for use in parochial, private, or public schools. [Zelman] || Tuition grand aid (Maine, Vermont) to private schools, but not religious ones upheld as constitutional.
 * 7. Aid Directed to Nonreligious Schools || //Bradfield v. Rob// || The primary effect of the Higher Education Facility Act was not to aid religious institutes. The objective was to encourage education among the country�s youth. In an earlier case (//Bradfield v. Rob//) the Court decided that not all financial aid to church-sponsored activities violates the religious clauses of the constitution. The beneficiaries of the act are secondary schools in which children are not as susceptible to religious coercion and in which religious instruction is not as central to the curriculum. Because the State�s interest in the structure remains after twenty years, the provision giving the schools the ability to use the facility for religious purposes is unconstitutional. This finding does not require the invalidating of the entire act because it was not essential to the whole law. The HEFA did not lead to excessive entanglement because the aid was aimed at religiously neutral facilities. Also, the aid was non-ideological and was a one-time, single-purpose program. The taxpayers� rights were not violated by the act because there was no coercion directed at the practice or exercise of their religious beliefs. ||
 * **// II. Charter Schools //** ||  ||   ||
 * ** A. Creation and Legal Status ** ||  ||   ||
 * 1. Charter Grant, Renewal & Revocation || []

[|118.40]

118.40(5) 118.40(5)(a)  118.40(5)(b) 118.40(5)(c) 118.40(5)(d) || (a) The charter school violated its contract with the school board or the entity under [|sub. (2r) (b)]. (b) The pupils enrolled in the charter school failed to make sufficient progress toward attaining the educational goals under [|s. 118.01]. (c) The charter school failed to comply with generally accepted accounting standards of fiscal management.(d) The charter school violated this section. ||  ||
 * ** (5) ** **Charter revocation.** A charter may be revoked by the school board or the entity under [|sub. (2r) (b)] that contracted with the charter school if the school board or, if applicable, the entity under [|sub. (2r) (b)] finds that any of the following occurred:




 * ** B. Operational Requirements ** ||  ||   ||
 * 1. Student Admissions ||  || "A state charter may require charter schools to admit all students, subject only to restrictions based on the grade level, curriculum offering, or student residence, or it may require charter schools to have a prescribed makeup of minority, racial and ethnic groups that reflect the general population mix of the school's served area" (Valente and Valente, 448) ||
 * 2. Teacher Qualifications || [|Statute 118.40]

Statute regarding charter schools. || Paraphrased-Some states require that charter school teachers have the same credentials as public school teachers, other states, such as Wisconsin, offer waivers or charter school teachers licenses. (Valente and Valente, 449) ||
 * 3. Curriculum Requirements ||  || Paraphrased-Some states regulate charter school curriculum, some states do not. (Valente and Valente, 449) ||
 * **C. Funding of Charter Schools** || 118.40(2r)(e)1.b.

118.40(2r)(e)1.c. || b. In the 2011-12 school year and in each school year thereafter, from the appropriation under [|s. 20.255 (2) (fm)], the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision in the previous school year and the per pupil revenue limit adjustment under [|s. 121.91 (2m)] in the current school year, multiplied by the number of pupils attending the charter school.

c. The amount paid per pupil under this subdivision may not be less than the amount paid per pupil under this subdivision in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school. || [] || Wisconsin Home Schooling Info: [] DPI Link for Home Schooling [] Not much government regulation – reasons to home school: 1. ability to give child a better education at home 2. religious reasons 3. poor learning environment at school Diverse approaches to how states satisfy home schooling. Also is a disuniformity in the strictness with which public officials administer and enforce home schooling regulations. ||
 * **// III. Home Schooling //** ||  ||   ||
 * ** A. State Regulation ** || Hooks v. Clark County School District
 * ** B. Participation in Public School Activities ** || WIAA - Article V, Section 1

[] || The right for home school students to opt into public school programs has not been tested in most states and depends on each state’s laws. WI - WIAA high school students must be considered full time in order to participate || [] All notes with a star refer to this website: [] *District Transfer Pair Case studies: Pgs. 63-69 *Sheboygan-Kohler Pg. 68 || *Top District-to-District pairs: Pg. 16 || *Factors that might cause a district denial to be overturned: Pg. 24
 * __**TOPIC**__ || __**REFERENCE**__ || __**NOTES**__ ||
 * **// IV. Open Enrollment //** || [|Wisconsin Statute 118.51 Open Enrollment.doc] || DPI website related to open enrollment:
 * ** A. Procedure ** || [|PI 36 - Open Enrollment.pdf] || *Participation Trends: Pg. 12
 * Highest Participation among WI schools: Pg. 14
 * ** B. Financial Impact ** ||  ||  * Net gains and losses: Pg. 28 & 29
 * State Aid Transfers: Pg. 71-81 ||
 * ** C. Regulation and Oversight ** ||  ||
 * Academic Performance related to transfers: Pg. 20
 * Reasons for denial of transfer: Pg. 22

(This link contains the majority of WI laws related to virtual schools) || [|Link to DPI Virtual Schools Information]
 * Transfers by grade level: Pg. 33
 * New programming: Pg. 38, 41-42 ||
 * **// V. Virtual Schools //** || [|Wisconsin Statute 118.40(8).doc]
 * **// V. Virtual Schools //** || [|Wisconsin Statute 118.40(8).doc]

[|Wisconsin Coalition of Virtual School Families]

[|WI Virtual Schools List 09-10.doc] || This document outlines that state mandates for charter schools in regard to number of days required to operate (150), amount of time required to respond to a student request, procedures and actions taken when students are non-compliant, limits on open enrollment (85%), and the maximum number of virtual school students in the state 5250.
 * ** A. Procedure ** || [|Wisconsin Statute 118.40(8).doc] || [|Statute Required Procedures for Charter Schools.doc]

[|Charter School Application.doc] Contains the grant application forms and procedures for opening a charter school

[|State Superintendent Statement on Virtual Charter School Bill.pdf]

[|State Senate Bill -396.pdf] Contains the virtual charter school legislation introduced by Senators Lehman, Kreitlow and Taylor, cosponsored by Representatives Pope-Roberts, Sinicki and Turner. ||
 * ** B. Financial Impact ** || [|Wisconsin State Statutes 118.40(8)(h).doc] (details statutes that outline the lottery procedure for virtual school students who exceed the cap - 5250 students) || [|Charter School Application.doc]The first few pages reviews the grant subsidies available for charter schools.

[|Freeman Article - Doyle - Virtual schools cap will stay this year.doc] (latest update - the cap remains in place while the legislatures investigates changes to the funding formula for virtual school students, and a lottery is put in place for virtual students who have exceeded the state set cap.)

[|Journal Sentinal Article-Doyle OKs aid for virtual schools.doc] Details the debate over virtual school funding - ($5,845 per student) Details the cap placed on virtual school enrollment - 5,250 students

[|Journal Sentinal Article-Virtual School Funding Debate.doc] || (This link contains the majority of WI laws related to virtual schools) || [|DPI Memo of Understanding in regard to Wisconsin Web Academy.pdf] (Document includes procedures schools must follow if they enroll **__their__** students in WI Web Academy) This academy was created to allow students to take a wide variety of courses without having to open enroll. ||
 * ** C. Regulation ** || [|Wisconsin Statute 118.40(8).doc]
 * ** D. Teacher Certification ** || [|Wisconsin State Statute 118.19(13).doc]

[|Wisconsin State Statute 118.40(8)(b)1.doc]

[|Wisconsin State Statute 118.40(8)(b)2..doc] || [|Teacher Certification Requirements for Virtual Schools.pdf] (this document contains a summary of the specific WI requirements outlined for a virtual school teacher in WI)

[|National Standards for Quality Online Teaching.pdf] (this document contains a rubric that can be used to assess online instruction)

Wisconsin State Statute 118.19(13) 118.40(8)(b)1. 1. The governing body of a virtual charter school shall assign an appropriately licensed teacher for each online course offered by the virtual charter school. No person holding only a permit to teach exclusively in a charter school may teach in a virtual charter school, and no person holding both a license to teach exclusively in a charter school and a license to teach in other public schools may teach, in a virtual charter school, a subject or at a level that is not authorized by the latter license. 118.40(8)(b)2. 2. If a pupil attends a virtual charter school, any person providing educational services to the pupil in the pupil's home, other than instructional staff of the virtual charter school, is not required to hold a license or permit to teach issued by the department. || Deprivations of certain basic liberties (such as to pursue an occupation) will trigger a requirement that the government afford due process. A school decision must infringe on this right – however, it depends on the context and effects of the actions taken. ||
 * (13)** Beginning July 1, 2010, no person may teach an online course in a public school, including a charter school, unless he or she has completed at least 30 hours of professional development designed to prepare a teacher for online teaching.
 * || __**TOPIC**__ || __**REFERENCES**__ || __**NOTES**__ ||
 * ** I. Constitutional & Statutory Spheres of National Civil Rights ** ||  ||   ||
 * **// A. Procedural Rights --Due Process //** ||  ||   ||
 * 1. Parties entitled to due process || [|Thigpen v. Bibb County Ga. Sheriff Department] || "Only a party who has a constitutionally recognized liberty or property interest in the questioned school decision may claim a constitutional right to procedural due process." (Valente and Valente, 195) ||
 * a. Liberty interests ||  || Grounded in the Constitution.
 * b. Property interests ||  || Property Interest ||
 * 2. Due process procedures ||  ||   ||
 * a. Notice and hearing ||  ||   ||
 * b. Prehearing ||  ||   ||
 * c. Impartial tribunal ||  ||   ||
 * d. Right to cross-examine ||  ||   ||
 * e. Right to counsel ||  ||   ||
 * f. Hearing record & appeal ||  ||   ||
 * g. Waiver/cure of procedures ||  ||   ||
 * **// B. Emplyoee Civil Rights //** ||  ||   ||
 * 1. Employment Law & Complaints || 111.31-111.395 WIS Statutes || It is unlawful, for public and private employers, employment agencies, licensing agencies and unions, to refuse to hire, to discharge, or otherwise discriminate in any term or condition of work, because of a person's protected class.

Protected employment-related actions: Recruitment/hiring; pay; promotion; training; lay-off/firing; demotion; job assignments; leave/benefits; licensing or union membership

Complaint Process: 1. May file a complaint with the Equal Rights Division within 300 days of alleged discrimination (resolution may take longer than 1 year) 2. Complaint is assigned to equal rights officer 3. Copy is sent to respondent (must provide a written response to complaint 4. "Probable Cause" or "No Probable Cause" is determined --Probable Cause=enough believable information was found to sent the case to a hearing --No Probable Cause"=The case is dismissed, unless the complainant files a written appeal within 30 days. 5. Both parties present evidence under oath before an administrative law judge || 1. A person is singled out because of that person's race, color, creed, ancestry, national origin, age, disability, sex, arrest/conviction record, marital status, sexual orientation, military service
 * 2. Protected Classes || [|Protected Classes] || There are times when an employer may "legally" discriminate even though a person may otherwise be protected under the law. While legal exceptions are very limited and uncommon, a few examples of cases where an exception might apply include the following: Conviction Record (related to job); age; marital status (supervision of spouse); disability (safety). ||
 * 3. Hiring & Interview Questions || 111.322(2) WIS Statutes || In deciding if a question is unlawful, the employer should determine why the information sought is necessary. Questions that do not produce information (person's ability to do the job) that helps the employer choose the most qualified applicant tend to raise questions as to the employer's motive for asking. ||
 * 4. Harassment in the Workplace ||  || Harassment under the Fair Employment Law:

2. Content of the harassment relates directly to sexual harassment, use of derogatory/ethnic/religious terms, age, disability

--There is no general prohibition against harassment (if employer harasses because of general dislike, or harasses the majority of his/her employees is not violating the Fair Employment Law

An employer is responsible for its own acts and those of its agents regardless of whether the acts were authorized/encouraged/known by the employer ||
 * 5. Pregnancy, Employment Law || Title VII of the Civil Rights Act of 1964-Pregnancy Discrimination Act

Title 29, Chapter XIV Part 1604 1604.10-Employment policies relation to pregnancy and childbirth 29 CFR 825.100-Family Medical Leave Act || U.S. Equal Employment Opportunity Commission Facts About Pregnancy Discrimination || []** || [|Persons with Disabilities.doc]
 * 6. Persons with Disabilities || **ADA Title I: Employment

The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination: Individual with a Disability An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor. Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions. "Qualified" An individual with a disability is "qualified" if he or she satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position. Reasonable Accommodation Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids. A person who only meets the "regarded as" definition of disability is not entitled to receive a reasonable accommodation. Undue Hardship An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation. Prohibited Inquiries and Examinations Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity. Drug and Alcohol Use Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees. || The ADEA's broad ban against age discrimination also specifically prohibits: ||
 * 7. Age Discrimination At Work || Age Discrimination in Employment Act of 1967, aka ADEA || 
 * Age Discrimination in Employment Act**
 * statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);
 * discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs;
 * denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
 * 8. Race, Color, National Origin || **Title VII of the Civil Rights Act of 1964 (Title VII)**, which prohibits employment discrimination based on race, color, religion, sex, or national origin

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA. //Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at[].// ||
 * Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)**, which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee || 
 * National Origin Discrimination**
 * It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
 * A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.
 * **__TOPIC__** || **__REFERENCES__** || ** __NOTES__ ** ||
 * 9. Sexual Orientation Protection ||  ||   ||
 * 10. Arrest & Conviction Records ||  ||   ||
 * 11. Military Service ||  ||   ||
 * 12. Settlements & Alternatives ||  ||   ||   ||