Key Idea Identification: Court Decisions that Have Influenced American Education
The key ideas that I gathered from the lecture and the reading about the rights of parents, teachers, schools and the role of local, state and federal courts focus on the separation of church and state, the decisions of the courts and how this affects the classroom teacher.
The courts have historically held up a firm wall between the separation of church and state, especially when it comes to education. This distinction became important with the advent of compulsory education. The separation of church and state gives the parents rights in regards to the raising of their children, even though they are required to send them to school. According to Teachers and the Law, ‘“the U.S. Supreme Court in Pierce V. Society of Sisters, . . .recogniz[ed] the basic right of parents and guardians to direct the upbringing and education of children under their control’”(p. 1). This meant that while schools were not able to teach or sponsor religious activities, parents have the right to decide where their children receive their education. The state policy on “equivalent” learning will determine whether a parent can choose only between private and public or if home school is also an option. Even though public schools are prohibited from sponsoring or instructing religious activities and ideas, this does not prohibit the freedom of expression as long as it does not interrupt or disturb the educational process. Parents are also allowed to “opt” their student out of select curriculum that they believe would violate their religious and moral beliefs.
Cases involving both religion and civil rights are ultimately decided by the courts when conflict surfaces. The Supreme Court is the ultimate word in these matters, but when the Supreme Court has not ruled on an issue it is left up to the State courts to decide matters. This means that states are not prevented from passing certain laws. An example of such a case would be the current situation in Arizona where legislation was passed that prohibited certain types of multicultural education choices. This is also an example of how certain decision would be decided differently in different states. It would depend on State Law and education policies. In the case of the Supreme Court, “it depends a great deal on the times and on who is in the Supreme Court at a given time” (slide 37, Court Decisions That Have Influenced American Education).
What does this mean to me as a classroom teacher? It means that I need to be aware of my own rights, freedom of expression and belief, my students’ rights and the rights of their parents. It is necessary for a teacher to be well read, aware of key cases both past and current in educational law, and aware of current events and attitudes. Reading and paying attention will enable me to make wise decisions on a classroom level.
Reference List
Cooper, J.J. (May 12, 2010).Arizona gov. signs bill targeting ethnic studies. Retrieved from http://hosted.ap.org/dynamic/stories/U/US_ARIZONA_ETHNIC_STUDIES?SITE=WHIZ&SECTION=HOME&TEMPLATE=DEFAULT
Teachers and the Law
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