Public School LawPublic School Law

Overview of Education Law, Texas Overview of Education Law, Texas Schools, & Parent RightsSchools, & Parent Rights

William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

Sources of LawSources of Law Constitutional: Federal and StateConstitutional: Federal and State

Supreme law of the landSupreme law of the land StatutoryStatutory

Law enacted by a legislative bodyLaw enacted by a legislative body Texas Education Code (applies to the daily operation of Texas Education Code (applies to the daily operation of

school)school) State Board of Education (SBOE)State Board of Education (SBOE) Texas Education Agency (TEA)Texas Education Agency (TEA) School Boards, Charter Schools, School personnelSchool Boards, Charter Schools, School personnel

AdministrativeAdministrative Implements the state and federal statutory lawsImplements the state and federal statutory laws

JudicialJudicial Composed of state and federal court decisionsComposed of state and federal court decisions

Final say over disputes between constitutional statute and Final say over disputes between constitutional statute and administrative lawsadministrative laws

Constitutional LawConstitutional Law

SourcesSourcesTenth Amendment to U.S. ConstitutionTenth Amendment to U.S. Constitution ““The powers not delegated to the United States The powers not delegated to the United States

by the Constitution, nor prohibited by it to the by the Constitution, nor prohibited by it to the States, are reserved to the States respectively.”States, are reserved to the States respectively.”

The Bill of Rights & 14The Bill of Rights & 14thth Amendment Amendment Protects certain civil liberties of Protects certain civil liberties of

employees and students in the public schoolsemployees and students in the public schools

Texas Constitution of 1876 & Bill of RightsTexas Constitution of 1876 & Bill of Rights Authorizes the state legislature to support Authorizes the state legislature to support

and maintain an efficient system of public free and maintain an efficient system of public free schools and provides fro individual civil libertiesschools and provides fro individual civil liberties

Statutory LawStatutory Law

Acts of CongressActs of Congress Guarantee various civil rights and establish the Guarantee various civil rights and establish the

conditions which states and political subdivisions conditions which states and political subdivisions receive federal funds.receive federal funds.

Acts of Texas Legislature (Texas Education Acts of Texas Legislature (Texas Education Code)Code)

Sets up the SBOE and TEA to carry out limited Sets up the SBOE and TEA to carry out limited educational functions.educational functions.

Actual operation of schools left to school districtsActual operation of schools left to school districts School districts and personnel are part of the stateSchool districts and personnel are part of the state

Administrative LawAdministrative Law

Federal administrative regulationsFederal administrative regulations TEA and local school districts must comply with TEA and local school districts must comply with

the regulations set forth by federal educational the regulations set forth by federal educational agencies implementing federal statutesagencies implementing federal statutes

Policies and rulings by school boards, Policies and rulings by school boards, Texas Commissioner of Education, and Texas Commissioner of Education, and SBOESBOE

Policies, rules, and appeal decisions are Policies, rules, and appeal decisions are classified as administrative lawclassified as administrative law

Judicial LawJudicial Law

Decisions of state courtsDecisions of state courts Any aggrieved person can appeal an adverse Any aggrieved person can appeal an adverse

administrative ruling from the commissioner administrative ruling from the commissioner into state courtsinto state courts

Decisions of federal courtsDecisions of federal courts Lowest federal court is the district courtLowest federal court is the district court 13 Appellate federal courts (TX: 513 Appellate federal courts (TX: 5thth Circuit) Circuit) The U.S. Constitution provides that any state action, The U.S. Constitution provides that any state action,

law, or constitutional provision that conflicts with the law, or constitutional provision that conflicts with the Constitution or a federal law is null and void.Constitution or a federal law is null and void.

Overall Structure of Texas Overall Structure of Texas Administrative Law Administrative Law (Fig. 1, pg. 7)(Fig. 1, pg. 7)

State Board of Education

State Commissioner of Education

Local School District Local School Board

State CommissionerOf Education

RULES

POLICIES AND REGULATIONS

COMPLAINTS

APPEALS

State Court

Administrator,Teachers, Students, Parents

Administrator,Teachers, Students, Parents

Structure and Governance of the Texas Structure and Governance of the Texas School SystemSchool System

Texas LegislatureTexas Legislature Responsible for the structure and operation of TX public school systemResponsible for the structure and operation of TX public school system

State Board of Education and the Texas Education AgencyState Board of Education and the Texas Education Agency 1995 SBOE separated from TEA by TX legislature1995 SBOE separated from TEA by TX legislature Elected body of 15 membersElected body of 15 members TEA composed of TX Commissioner of EducationTEA composed of TX Commissioner of Education

Local School DistrictsLocal School Districts Governed by the local board of trusteesGoverned by the local board of trustees

Charter SchoolsCharter Schools Operates relatively free of state regulationOperates relatively free of state regulation Home-Rule District Charter, Campus Charter, Open-Enrollment CharterHome-Rule District Charter, Campus Charter, Open-Enrollment Charter

Private SchoolsPrivate Schools Pierce v. Society of Sisters (1925): all students are not required to attend public Pierce v. Society of Sisters (1925): all students are not required to attend public

schoolsschools Protects parent right to chooseProtects parent right to choose

School AdministratorsSchool Administrators Superintendent: Chief Operating Officer of public school district, responsible for Superintendent: Chief Operating Officer of public school district, responsible for

implementing policies of the boardimplementing policies of the board Principal: Frontline administrator; statutory responsibility; under the direction of Principal: Frontline administrator; statutory responsibility; under the direction of

superintendent to administer the day-to-day operations of the schoolsuperintendent to administer the day-to-day operations of the school

District and Campus Level Decision-MakingDistrict and Campus Level Decision-Making Campus Improvement Plan (CIP)Campus Improvement Plan (CIP) Academic Excellence Indicator System (AEIS): identifies how campus goals will be metAcademic Excellence Indicator System (AEIS): identifies how campus goals will be met

How the U.S. Constitution and Federal How the U.S. Constitution and Federal Government Affect TX SchoolsGovernment Affect TX Schools

Federal Statutes that directly affect the day-to-day operations of Texas Public Schools, Federal Statutes that directly affect the day-to-day operations of Texas Public Schools, some also apply to private schoolssome also apply to private schools

42 U.S.C 42 U.S.C §1981: Right to make and enforce contracts free of racial §1981: Right to make and enforce contracts free of racial discrimination in both the public and private sectors.discrimination in both the public and private sectors.

42 U.S.C 42 U.S.C §1983: Allows suits for injunctive relief and compensatory §1983: Allows suits for injunctive relief and compensatory damages against public school districts that through policy or damages against public school districts that through policy or practice deprive person of US constitutional and federal statutory practice deprive person of US constitutional and federal statutory rights.rights.

Civil Rights Act of the 1964 Civil Rights Act of the 1964 Title VI-Prohibits intentional discrimination in federal assisted Title VI-Prohibits intentional discrimination in federal assisted

programs.programs. Title VII- prohibits discrimination in public and private employmentTitle VII- prohibits discrimination in public and private employment

Age Discrimination in Employment Act of 1967: Prohibits Age Discrimination in Employment Act of 1967: Prohibits discrimination of persons forty or over unless age is a bona fide discrimination of persons forty or over unless age is a bona fide qualification necessary to carry out job responsibilities.qualification necessary to carry out job responsibilities.

Americans with Disabilities Act of 1990: accords persons with disabilities Americans with Disabilities Act of 1990: accords persons with disabilities meaningful access to the programs and facilities of public and private schools meaningful access to the programs and facilities of public and private schools as well as most businesses in the country. Also prohibits discrimination in as well as most businesses in the country. Also prohibits discrimination in public and private employment, and requires employers to make reasonable public and private employment, and requires employers to make reasonable accommodation for disabled persons to enable them to perform the job.accommodation for disabled persons to enable them to perform the job.

Individuals with Disabilities Education Act: requires schools to identify Individuals with Disabilities Education Act: requires schools to identify children with disabilities and provide them a free, appropriate public children with disabilities and provide them a free, appropriate public education in the least restrictive environment. Works in conjunction with education in the least restrictive environment. Works in conjunction with §504 of the 1973 Rehabilitation Act.§504 of the 1973 Rehabilitation Act.

Title IX of the 1972 Education Amendments: prohibits discrimination against Title IX of the 1972 Education Amendments: prohibits discrimination against persons on the basis of sex in any federally assisted education program.persons on the basis of sex in any federally assisted education program.

No Child Left Behind Act: attempts to raise student achievement levels by No Child Left Behind Act: attempts to raise student achievement levels by holding states and school districts to strict accountability standards. All holding states and school districts to strict accountability standards. All students must make adequate yearly progress and all students will be on students must make adequate yearly progress and all students will be on performing at grade-level by 2013-2014.performing at grade-level by 2013-2014.

Equal Access Act: Provides the exclusive means fro students to engage in Equal Access Act: Provides the exclusive means fro students to engage in religious expression on school.religious expression on school.

Family Educational Rights and Privacy Act aka FERPA (Buckley Amendment): Family Educational Rights and Privacy Act aka FERPA (Buckley Amendment): regulates student record-keeping activities by giving parents and students regulates student record-keeping activities by giving parents and students access to student records, the right to challenge material contained therein, access to student records, the right to challenge material contained therein, and the right to restrict disclosure of personally identifiable information. and the right to restrict disclosure of personally identifiable information.

School FinanceSchool FinanceShared arrangement between state and local school districts. Shared arrangement between state and local school districts. 1876: Texas Legislature established the Available School Fund with funding 1876: Texas Legislature established the Available School Fund with funding

provided on a per capita basis.provided on a per capita basis.

1949: Gilmer-Aikin Bill established Minimum Foundation Program (MFP), 1949: Gilmer-Aikin Bill established Minimum Foundation Program (MFP), through which state funds were distributed by a complicated economic through which state funds were distributed by a complicated economic index.index.

1973: 1973: San Antonio I.S.D. v. RodriguezSan Antonio I.S.D. v. Rodriguez argued that MFP violated 14 argued that MFP violated 14thth amendment. U.S. Supreme Court ruled it constitutional, urges TX to amendment. U.S. Supreme Court ruled it constitutional, urges TX to develop a more equitable system.develop a more equitable system.

1993: TX determines state and local funding levels for public education 1993: TX determines state and local funding levels for public education through a system of formulas known as Foundation School Program (FSP). through a system of formulas known as Foundation School Program (FSP). This was a response to judicial mandates of the This was a response to judicial mandates of the Edgewood Edgewood school finance school finance lawsuit.lawsuit.

1997: TX added a new instructional facility allotment to the state system of 1997: TX added a new instructional facility allotment to the state system of school financeschool finance

1999: TX legislature adjusted program to help school districts pay for old 1999: TX legislature adjusted program to help school districts pay for old debt as well as debt for new instructional facilities.debt as well as debt for new instructional facilities.

Edgewood ISD CasesEdgewood ISD Cases1989 (Edgewood I)1989 (Edgewood I)

Texas Supreme Court ruled finance system unconstitutional.Texas Supreme Court ruled finance system unconstitutional. Edgewood ISD v. KirbyEdgewood ISD v. Kirby

1991 (Edgewood II)1991 (Edgewood II) Texas Supreme Court ruled new finance system established in 1990 Texas Supreme Court ruled new finance system established in 1990

unconstitutional because it did not correct deficiencies noted in unconstitutional because it did not correct deficiencies noted in Edgewood I.Edgewood I.

Edgewood IIF1/2—TSC refuses to overrule 1931 decision prohibiting use of Edgewood IIF1/2—TSC refuses to overrule 1931 decision prohibiting use of local property taxes outside the district. Suggest tax base consolidationlocal property taxes outside the district. Suggest tax base consolidation

1992 (Edgewood III)1992 (Edgewood III) TSC declares CED unconstitutionalTSC declares CED unconstitutional

Carrollton-Farmers Branch ISD v. Edgewood ISDCarrollton-Farmers Branch ISD v. Edgewood ISD

1995 (Edgewood IV)1995 (Edgewood IV) TSC declares Robin Hood plan constitutionalTSC declares Robin Hood plan constitutional

Edgewood ISD v. MenoEdgewood ISD v. Meno

Basic Elements of Texas Public Basic Elements of Texas Public Finance SystemFinance System

May offer homeste

ad exemption up to

20%Local funding almost

exclusively from property taxes5% from co-

curricular revenue,

interest income, and misc. local

fundsBase funding level for all students at a local rate of $0.86 per $100 of property value

Guaranteed yield mechanismState guarantees school districts a yield of $21 per student for every

$0.01 of tax above $0.86Yield rose to $24.70 in 1999

Tax & Spending LimitsTax & Spending Limits

School district property tax rates have two School district property tax rates have two componentscomponents

1.1. Maintenance and operations tax rate (M&O)Maintenance and operations tax rate (M&O) Funds administrative and operational costsFunds administrative and operational costs Limited to $1.50 per $100 assessed valuationLimited to $1.50 per $100 assessed valuation

2.2. Interest and sinking rate (I&S)Interest and sinking rate (I&S) Aka—debt service rate which is used for facilities Aka—debt service rate which is used for facilities

construction and renovation.construction and renovation. Districts permitted to adopt up to $0.50 of I&S Districts permitted to adopt up to $0.50 of I&S

taxes at the time bonds are issued.taxes at the time bonds are issued.

Source: Clark, pg. 3 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdfSource: Clark, pg. 3 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf

Additional Finance InformationAdditional Finance Information

General Revenue Fund (GRF)General Revenue Fund (GRF) Finances state’s share of education budgetFinances state’s share of education budget 55% provided by sales tax55% provided by sales tax 45% comes from other tax sources45% comes from other tax sources

Corporate franchise, motor fuels, natural gas & oil, “sin” taxes, Corporate franchise, motor fuels, natural gas & oil, “sin” taxes, insurance & utility, lottery. (1999 sources)insurance & utility, lottery. (1999 sources)

Categories for fund appropriationCategories for fund appropriation Foundation School Fund—largest fund (~ $14.8 billion)Foundation School Fund—largest fund (~ $14.8 billion) Available School Fund (comprised of Permanent School fund and Available School Fund (comprised of Permanent School fund and

25% of motor fuels tax)25% of motor fuels tax) State Textbook FundState Textbook Fund Technology allotment (purchase computers, other technology, teacher Technology allotment (purchase computers, other technology, teacher

training—distributed at a rate of $30 per pupiltraining—distributed at a rate of $30 per pupil Remainder of fund distributed according to student population; in 1999 Remainder of fund distributed according to student population; in 1999

$277 per student.$277 per student.

Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdfSource: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf

Foundation School ProgramFoundation School Program Foundation School Program (FSP): State and local Foundation School Program (FSP): State and local

funds for public education in Texas are allocated funds for public education in Texas are allocated through a system of formulas known collectively through a system of formulas known collectively as the FSP. Consists of two Tiers.as the FSP. Consists of two Tiers.

Tier 1—foundation program that includes adjustments Tier 1—foundation program that includes adjustments and weights designed to distribute funding according to and weights designed to distribute funding according to the characteristics of the school district and its studentsthe characteristics of the school district and its students

Tier 2—a guaranteed yield program that guarantees Tier 2—a guaranteed yield program that guarantees school districts the equivalent of $210K in taxable school districts the equivalent of $210K in taxable property wealth per weighted studentproperty wealth per weighted student

Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdfSource: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf

Students in average daily attendance (ADA)Students in average daily attendance (ADA) Many components of school funding and finance are Many components of school funding and finance are

expressed on a per “weighted ADA” (WADA)expressed on a per “weighted ADA” (WADA) WADA is determined by taking the total Foundation WADA is determined by taking the total Foundation

School Program (FSP) allotment, subtracting the School Program (FSP) allotment, subtracting the transportation allotment and ½ the adjustment transportation allotment and ½ the adjustment attributable to the Cost of Education Index (CEI)attributable to the Cost of Education Index (CEI)

In 1998-1999 school year Basic Allotment In 1998-1999 school year Basic Allotment (BA) was $2,396 per student.(BA) was $2,396 per student.

Source: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdfSource: Clark, pg. 6 http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf

House Bill 3646 House Bill 3646 (2009)(2009)

“CSHB 3646 would amend the calculation of the basic allotment, guaranteed yield allotment, and equalized wealth level, tying them to the statewide average property value. All formula calculations would use a school district’s current year taxable property value. All midsize school districts, regardless of property wealth, would be eligible for the small and midsize school district adjustment within the formula.”

Sources: http://www.hro.house.state.tx.us/PDF/ba81r/HB3646.PDF

Parent RightsParent Rights

1923—USC ruled that parents have a 1923—USC ruled that parents have a constitutionally protected right to control constitutionally protected right to control their children’s upbringingtheir children’s upbringing

Constitutional law does not generally Constitutional law does not generally support parents rights, however, Texas support parents rights, however, Texas statutory law provides significant support.statutory law provides significant support.

TEC §4.001) states, “Parents will be full partners TEC §4.001) states, “Parents will be full partners with educators in the education of their children.”with educators in the education of their children.”

Texas Education CodeTexas Education CodeChapter 26Chapter 26

Parental Rights and Responsibilities Parental Rights and Responsibilities (1995)(1995)

Term “parent” includes a person standing in a parental relationship. Term “parent” includes a person standing in a parental relationship. Does not include a person whose parental rights have been Does not include a person whose parental rights have been terminated by a court order.terminated by a court order.

Purpose of Ch. 26: Purpose of Ch. 26: Parents are partners with educators, administrators, and school district Parents are partners with educators, administrators, and school district

boards of trustees in their children’s education.boards of trustees in their children’s education. Rights in Ch. 26 are not exclusive, does not limit parent rights under Rights in Ch. 26 are not exclusive, does not limit parent rights under

other law.other law. Parental rights may not be limited, unless otherwise provided by law.Parental rights may not be limited, unless otherwise provided by law. Board of trustees will provides for procedures to consider complaints Board of trustees will provides for procedures to consider complaints

that a parent’s rights have been denied.that a parent’s rights have been denied. Board of trustees will aid in establishing at least one parent-teacher Board of trustees will aid in establishing at least one parent-teacher

organization at each school in the district to promote parental organization at each school in the district to promote parental involvement in school activities.involvement in school activities.

http://tlo2.tlc.state.tx.us/statutes/docs/ED/content/pdf/ed.002.00.000026.00.pdfhttp://tlo2.tlc.state.tx.us/statutes/docs/ED/content/pdf/ed.002.00.000026.00.pdf

Rights Concerning Academic ProgramsRights Concerning Academic Programs (TEC (TEC §26.003)§26.003)

Parent is entitled to:Parent is entitled to: Petition the board to have their child placed at a Petition the board to have their child placed at a

particular school or to contest the school assignmentparticular school or to contest the school assignment

Request a designated school administrator to have Request a designated school administrator to have their child reassigned from a particular class or teachertheir child reassigned from a particular class or teacher

Request addition of a specific academic class; student Request addition of a specific academic class; student to be permitted to attend a class for credit above to be permitted to attend a class for credit above student grade level (whether at home school or not), student grade level (whether at home school or not),

Student to graduate early an participate in graduation Student to graduate early an participate in graduation ceremonies if all credit requirements have been met.ceremonies if all credit requirements have been met.

Rights Concerning State Virtual School Rights Concerning State Virtual School NetworkNetwork

TEC TEC §26.031§26.031

Parent entitled to be notified by Parent entitled to be notified by district of the option to enroll in an district of the option to enroll in an electronic course offered through the electronic course offered through the state virtual school networkstate virtual school network

School district may not unreasonably School district may not unreasonably deny request of a parent to enroll deny request of a parent to enroll student in an electronic coursestudent in an electronic course

Access to Student RecordsAccess to Student Records(TEC (TEC §26.004)§26.004)

A parent is entitled access to all A parent is entitled access to all written written recordsrecords of a school district concerning the of a school district concerning the parent’s child.parent’s child.

Attendance recordsAttendance records Test scores Test scores (TEC §26.005 also gives parents access to a copy (TEC §26.005 also gives parents access to a copy

of the state assessment instrument administered to their child)of the state assessment instrument administered to their child) GradesGrades Disciplinary recordsDisciplinary records Counseling recordsCounseling records Psychological recordsPsychological records Applications for admissionApplications for admission Health and immunization informationHealth and immunization information Teacher and counselor evaluationsTeacher and counselor evaluations Reports of behavioral patternsReports of behavioral patterns

Access to Teaching MaterialsAccess to Teaching Materials(TEC (TEC §26.006)§26.006)

Parents entitled to:Parents entitled to: Review all teaching materials, textbooks, Review all teaching materials, textbooks,

and teaching aids used in the classroomand teaching aids used in the classroom

Review each test administered to the Review each test administered to the student, after the test is administeredstudent, after the test is administered

Request the district/ school to allow the Request the district/ school to allow the student to take home any textbook used student to take home any textbook used by the student (subject to availability)by the student (subject to availability)

Access to Board Meetings and Right to Full Access to Board Meetings and Right to Full Information Concerning StudentInformation Concerning Student

(TEC (TEC §26.007 & 26.008)§26.007 & 26.008)

Parent is entitled to complete access to Parent is entitled to complete access to any meeting of the board of trustees and any meeting of the board of trustees and the board must hold public meetings in the the board must hold public meetings in the boundaries of the districtboundaries of the district

Parent is entitled to full information Parent is entitled to full information regarding school activities of a parent’s regarding school activities of a parent’s childchild

An attempt by any school district employee to An attempt by any school district employee to encourage a coerce a child to withhold information encourage a coerce a child to withhold information from the child’s parent is grounds for disciplinefrom the child’s parent is grounds for discipline

Other Rights Guaranteed under Other Rights Guaranteed under TEC Chapter 26TEC Chapter 26

Right to information concerning special education and education Right to information concerning special education and education of students with learning difficulties. of students with learning difficulties. (TEC §26.0081)(TEC §26.0081)

Requests for public information. Requests for public information. (TEC §26.0085)(TEC §26.0085)

Consent required for certain activities. Consent required for certain activities. (TEC §26.009)(TEC §26.009)

Refusal of psychiatric or psychological treatment of child as basis Refusal of psychiatric or psychological treatment of child as basis of report of neglect. of report of neglect. (TEC §26.0091)(TEC §26.0091)

Exemption from instruction Exemption from instruction (TEC §26.010)(TEC §26.010)

Complaints (Grievance process established by the board) Complaints (Grievance process established by the board) (TEC (TEC §26.011)§26.011)

Fee for Copies Fee for Copies (TEC §26.012)(TEC §26.012)

Student Directory Information Student Directory Information (TEC §26.013)(TEC §26.013) Written explanation of the provisions of FERPA of 1974Written explanation of the provisions of FERPA of 1974

Choosing Private SchoolsChoosing Private Schools

State cannot require all children to attend State cannot require all children to attend public public school.school. Pierce v. Society of Sisters (1925)Pierce v. Society of Sisters (1925)

Court unanimous decision ruled that such a law, Court unanimous decision ruled that such a law, “unreasonably interferes with the liberty of parents “unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education and guardians to direct the upbringing and education of children under their control.”of children under their control.”

Texas compulsory education law provides Texas compulsory education law provides an exemption if the child “attends a an exemption if the child “attends a private or parochial school that includes in private or parochial school that includes in its course a study of good citizenship.” its course a study of good citizenship.” (TEC (TEC §25.086)§25.086)

Educating Children at HomeEducating Children at Home

The word “school” is The word “school” is notnot defined in the defined in the Texas compulsory education statute.Texas compulsory education statute.

Home school curriculum must meet basic Home school curriculum must meet basic educational goals of reading, educational goals of reading, mathematics, spelling, grammar, and good mathematics, spelling, grammar, and good citizenship.citizenship.

Attendance officers are permitted to make reasonable Attendance officers are permitted to make reasonable inquiry of parents to determine whether a child is in inquiry of parents to determine whether a child is in attendance in a home school that meets the requirements attendance in a home school that meets the requirements approved by the court. They can request information about approved by the court. They can request information about the students, curriculum, and test scores if they exist.the students, curriculum, and test scores if they exist.

Home schooled and students who attend unaccredited Home schooled and students who attend unaccredited private schools can be required to take placement tests private schools can be required to take placement tests upon transferring to a public school.upon transferring to a public school.

ReferencesReferencesClark, Catherine (n.d.). Texas Center for Education Research. Retrieved June 20, 2009, Clark, Catherine (n.d.). Texas Center for Education Research. Retrieved June 20, 2009,

from Texas Web site: http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdffrom Texas Web site: http://nces.ed.gov/edfin/pdf/StFinance/Texas.pdf

Hochberg, et al., (2001, May 11). HB 3646. Retrieved June 20, 2009, from House Hochberg, et al., (2001, May 11). HB 3646. Retrieved June 20, 2009, from House Research Organization Bill Analysis Web site: Research Organization Bill Analysis Web site: http://www.hro.house.state.tx.us/PDF/ba81r/HB3646.PDF

Texas 74th Legislature, (1995, May 30). Texas Constitution and Statutes. Retrieved June Texas 74th Legislature, (1995, May 30). Texas Constitution and Statutes. Retrieved June 20, 2009, from Education Code Web site: 20, 2009, from Education Code Web site: http://www.statutes.legis.state.tx.us/SOTWDocs/ED/pdf/ED.26.pdf

Walsh, J, F. Kemerer, & L. Maniotis (2007). Walsh, J, F. Kemerer, & L. Maniotis (2007). The educator's guide to texas school law: 6th The educator's guide to texas school law: 6th editionedition. Austin, TX: University of Texas Press. . Austin, TX: University of Texas Press.

AcknowledgementsAcknowledgements

Wisconsin v. YoderWisconsin v. Yoder

Swanson v. Guthrie ISDSwanson v. Guthrie ISD

Rebecca BechtoldRebecca Bechtold

Hubbard v. Buffalo ISDHubbard v. Buffalo ISD

Barrow v. Greenville ISDBarrow v. Greenville ISD

Michele BickhamMichele Bickham

Pierce v. Society of Sisters, 268 U.S. 510( 1925)Pierce v. Society of Sisters, 268 U.S. 510( 1925)

Power point and additional researchPower point and additional research

Soul SinghSoul Singh