In the last several decades the courts have frequently been asked to resolve issues of debate in the public school system. The number of state and federal cases have increased dramatically as of recent. “Legal decisions have had a significant impact on teachers’ and students’ behavior, on teachers’ employment relationships with their school districts, and on curriculum and instruction” (Ornstein 313). As parents become more aware of their legal rights, the public school system experiences an increase in educational litigation.
The following cases are examples of school related issues that illustrate the ongoing struggle between state’s rights versus individual’s rights.
Compulsory School Attendance:
All states have school attendance laws requiring parents to send their children to school until a designated age. Usually, this age ranges from sixteen to eighteen. In the case of Wisconsin v. Yodert (1972) the Supreme Court was confronted with this issue:
Would Amish parents be allowed to withhold their children from public school after the eighth grade. This is based on their belief of free exercise of religion under the first amendment, After much legal maneuvering, the Court upheld the Amish parent’s right to refuse to send their children to school after a certain age (age 15). “This case can be characterized as a vindication of the rights of parents rather than those of children. No decision had been drawn between the parents’ religious beliefs and those of their children” (Davis 59). It is interesting to note that the court concluded that possibly the state would be able to override the parent’s religious objections favoring those Amish children, who in fact wanted to attend high school.
Lesson 1:
Guide questions for group discussion:
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1) Do you think the Amish were justified in teaching their children at home? Explain.
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2) Why do you think the state feels so strongly about providing a compulsory education?
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3) Would you go to school if you did not have to? Why or why not?
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4) If you were a parent, could you think of some reasons why you would keep your children home from school?
Corporal Punishment:
In the case of Ingraham v. Wright the courts were faced with deciding the constitutionality of the use of corporal punishment in public schools. Two constitutional claims were raised: “1) whether paddling constituted cruel and unusual punishment within the meaning of the eighth amendment and 2) whether if constitutionally permissible, paddling nevertheless required prior notice and a hearing under due process considerations (Davis 64-65). The courts ruled that corporal punishment follows the same guidelines as when used by parents; “reasonable but not excessive force” may be used to discipline a child.
Lesson 2:
Guide questions for group discussion:
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1) Do you think that the school system has the right to use corporal punishment? Why or why not?
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2) Do you think parents have the right to use corporal punishment? Why or why not?
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3) What are some other ways that adults can discipline children other than corporal punishment?
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4) Explain the difference between reasonable punishment and abuse.
In summary, I hope the above mentioned strategies and techniques will be of some benefit in focusing and directing students and teachers in an analysis of some important, timely, and possibly controversial topics. I have found these strategies to be motivational and enriching. They have often deeply involved my students as “active participants” in the learning process. As a result, it has helped them to become independent, critical thinkers.
