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I will take the professional perspective of the Dean of Instruction for a 6A Texas High School. This legal Padlet may be used by academic curriculum specialists, assistant principals, principals, and/or curriculum directors as a resource on the balancing act between federal, state, and local laws over public school curriculum.

I selected this topic for my growing interest and passion regarding what and how we teach in public education, the variations in delivery across campuses and districts, the push for particular curriculum by select interest groups, the public conflict caused by what is taught, and the tremendous impact these influences have on our future leaders' minds.

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I interviewed Dr. Leone Clark, Dean of Instruction at Dickinson High School. http://schools.dickinsonisd.org/page/10.homepage

Public school curriculum in Texas is governed by the TEKS. While no school, teacher, or principal wants to hear or say their school teaches to a test, the truth is TEKS are developed not to establish a limit of what students know, but to establish a standard across the state for all students to be successful. Once TEKS have been established by a committee developed by TEA, school districts develop curriculum based on the readiness standards, the community's values, and students' needs. The community values are the area some districts have found themselves getting in trouble. They either neglect to appreciate the community's values or the community's values begin to adapt and the district fails to adapt with the changing community.  (L. Clark, personal communication, May 11, 2021).

Best Practices:
1. Curriculum should not change on a yearly basis. The curriculum should be established and set in place, only modified as TEKS, the community's values, or the students' needs evolve.
2. Stay abreast of the changes in the community. Small towns have a dynamic, growing towns have a dynamic, etc. If the community is growing, it means there are new values coming in, and you will begin to hear those values when you are involved in the community.
3. The school must establish its priorities, then look at its master schedule and ongoing curriculum professional development. Both must be aligned with the school's established priorities.

Emerging Issue:
There are a few emerging issues in curriculum across the nation. The biggest and most socially charged is the 1619 Project. The 1619 Project challenges the history of the United States taught for decades in U.S. classrooms. This history is centered around the Black experience throughout U.S. history with the core perspective that no part of this country is untouched by the years of slavery it was founded on.

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Julie Underwood (2019), Professor of Education Law, Policy, and Practice at the University of Wisconsin-Madison, published an article discussing the delicate balance between federal, state, and local authority over public school curriculum.

Link:
https://kappanonline.org/legal-balancing-act-public-school-curriculum-underwood/

Reference:
Underwood, J. (2019). Under the law: The legal balancing act over public school curriculum. Phi Delta Kappan, 100 (6), 74-75.

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Determining the legality of school curricular policies requires courts to weigh the interests of states, districts, parents, and students.
Conflicts over the public school curriculum nicely illustrate our nation's preference for balancing legal powers among multiple parties, including the state, the school district, parents, and others.

The state, in fulfillment of its authority to regulate for the well-being of its residents, and in fulfillment of its obligation to create and maintain public schools, has the authority to impose limits and obligations on both local school districts and parents. In turn - and as long as they remain within those limits - school districts (typically controlled by locally elected boards) have the authority to make educational decisions for their schools, including decisions about the curriculum and methods of instruction, while parents have the right and responsibility to raise their children and control their upbringing. (At the same time, of course, teachers, students, professional associations, local interest groups, the federal government, and other stakeholders have their own ideas about the curriculum and try, in their own ways, to shape what gets taught in public schools.)

No one rule of law explains how to balance these interests. However, the courts generally favor efforts to expand access to knowledge, rather than efforts to restrict it. As stated by the U.S. Supreme Court in Keyishian v. Board of Regents (U.S. 1967), courts will not "tolerate . . . a pall of orthodoxy over the classroom."
State authority
To carry out their responsibility to provide for the well-being of their citizens, states establish reasonable laws regulating behavior, and sometimes the state's interest in protecting children can even override parental control. For example, this is the basis for laws that prohibit child labor and require school attendance.

Every state in the country has a compulsory attendance statute (though they vary somewhat in their age requirements and the exemptions they allow), and the courts have always upheld their right to compel attendance, ruling that the education of all citizens is vital to the welfare of the state and that the state has an interest in ensuring all children participate in an educational system. Still, the courts have set some limits on states' authority in this area:

In Pierce v. Society of Sisters (U.S. 1925), the U.S. Supreme Court found a state law requiring parents to send their children to public (rather than private) schools to be unconstitutional.

In Wisconsin v. Yoder (U.S. 1972), the U.S. Supreme Court exempted an Amish family from the compulsory attendance statute for middle-school-age children because continued education ran counter to the family's religious tenets and the parents provided alternative education outside the school.

States have some authority over curriculum as well, insofar as they often set minimum curricular requirements for school districts. However, the courts have ruled that this authority is bounded by the constraints set by both the federal and the given state's constitution. For example:

In Meyer v. Nebraska (U.S. 1923), the U.S. Supreme Court found a state law prohibiting foreign language instruction in any school to be unconstitutional under the Due Process Clause as it was against the interest of private school foreign language teachers' need for employment and parents' desire for their children to learn foreign languages.

In Epperson v. Arkansas (U.S. 1968), an Arkansas statute that made the teaching of evolution in public schools illegal was held to be a violation of the Establishment Clause.

Similarly, in Edwards v. Aguillard(U.S. 1987), the U.S. Supreme Court found a Louisiana statute, which required the "equal treatment" of evolution and creation science in state classrooms, to be unconstitutional.

And in Gonzalez v. Douglas (D. Ariz. 2017), a federal District Court ruled that two Arizona curricular statutes banning ethnic studies courses were unconstitutional. The court found an Equal Protection violation in that there was evidence of racial animus in the creation of the statute, and it found Free Speech violations in that there was no legitimate pedagogical rationale behind the statute.
School district authority
Once enrolled in a school, children are subject to its reasonable rules and requirements, both curricular and disciplinary. For example, schools may require that students take controversial subjects, and students must comply with these requirements unless there is a clear overriding interest, such as a health concern, disability, or violation of a family's religious tenets.

The authority to determine the curriculum rests with the district, not individual teachers. Teachers, as employees, must carry out that curriculum and abide by any restrictions, and they do not have a right to use whatever teaching materials and methodologies they choose if this is contrary to school policy. The 6th Circuit Court of Appeals made this clear in Evans-Marshall v. Bd of Ed of Tipp City Exempted Village Sch Dist. (6th Cir. 2010), a case involving a high school English teacher who was dismissed for using classroom assignments and materials without following the appropriate steps for approval. The court stated, "Even to the extent academic freedom, as a constitutional rule, could somehow apply to primary and secondary schools, that does not insulate a teacher's curricular and pedagogical choices from the school board's oversight." (See Under the Law, December 2017, for more detail on this issue.)

Of course, that doesn't mean school districts can define the curriculum so narrowly that it violates students' constitutional rights. For example, in Board of Island Trees v. Pico (U.S. 1982), the U.S. Supreme Court held that the school district could not remove books from the school library without a legitimate pedagogical reason. To do so would violate students' free speech rights to access to information.

On the other end of the spectrum, there are also limits to what districts and schools can require children to study. For example, public school curricula, like state statutes, cannot violate the Establishment Clause. In Deal v. Mercer County Schools (4th Cir. 2018), an ongoing case from the 4th Circuit Court of Appeals, a family alleged that a long-standing "Bible in the Schools" class was unconstitutional as it was intended to inculcate a religion, not merely to teach about religion.

Similarly, in Doe v. Joplin School District (S.D. Mo. 2017), a federal District Court found the school's use of a religious organization for field trips and curricular material on sex education to be a violation of the Establishment Clause because the Life Choices sex education program and the Victory Ministries abstinence-only program endorsed their Christian beliefs and entangled the district with these religious organizations.

Once districts and schools have defined a legally permissible curriculum, however, courts have given them broad discretion to implement it, even over community and parents' objections. For example, school districts' curricular decisions and policies have been upheld in a number of cases:

State ex rel. Andrew v. Webber (Ind. 1886) upheld a requirement that students attend music classes over parental objections.

Mozert v. Hawkins Board of Education (6th Cir. 1987) upheld the use of a required textbook in a basic reading series over an objection that it contained objectionable material.

Brown v. Hot, Sexy & Safer (1st Cir. 1995) upheld a school requirement that students attend an AIDS education assembly.

Herndon v. Chapel Hill-Carrboro City Board of Education (4th Cir. 1996) upheld a district graduation requirement of community service over an objection that it amounted to involuntary servitude.

Leebaert v. Harrington (2nd Cir. 2003) upheld a requirement of health and family life education classes over a parent's claim that it was contrary to his right to raise his child as he saw fit.

Parker v. Hurley (1st Cir. 2008) upheld the use of a book in primary grades that portrayed diverse families, including a gay marriage, over a parental claim that they should have the opportunity to opt out their child.

And Brinsdon v. McAllen Ind. School District (5th Cir. 2016) upheld a classroom assignment requiring students to memorize and recite the Mexican Pledge of Allegiance and sing the Mexican National anthem as a part of a language exercise.

When facing objections to particular lessons or courses of study, many districts choose to make provisions for parents to opt students out of the given activity or unit. But in general, parents and children must comply with reasonable curricular rules.

No doubt, this balancing act can be a tricky one, but at least the broad parameters are clear: On one hand, the federal constitution has primacy; on the other, each state has the authority to create and control school districts and define their standards and curriculum. As long as these two principles are observed, the courts generally defer to educational decision makers, while preferring to expand, rather than contract, the body of knowledge presented within schools.

Citation: Underwood, J. (2019). Under the law: The legal balancing act over public school curriculum. Phi Delta Kappan, 100 (6), 74-75.

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The legal balancing act over public school curriculum - kappanonline.org

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Determining the legality of school curricular policies requires courts to weigh the interests of states, districts, parents, and students. Conflicts over the public school curriculum nicely illustrate our nation's preference for balancing legal powers among multiple parties, including the state, the school district, parents, and others.

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Conservative Texas lawmakers are attempting to halt the teaching of critical-race theory in Texas public education. This framework targets the analysis of how U.S. government policies and other institutions have upheld systemic racism. Instead, these legislators seek to maintain the "classical history" of American patriotism.

Link:
https://www.dallasnews.com/news/education/2021/05/04/texas-lawmakers-see-civics-bills-as-a-rejection-of-woke-philosophies-educators-say-they-would-have-a-chilling-effect/

Reference:

Richman, T. (2021, May 4). Texas lawmakers see civics bills as a rejection of ‘woke’ philosophies. Educators say they would have a chilling effect. The Dallas Morning News. https://www.dallasnews.com/news/education/2021/ 05/04/texas-lawmakers-see-civics-bills-as-a-rejection-of-woke-philosophies-educators-say-they-would-have-a-chilling-effect/

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Texas lawmakers see civics bills as a rejection of 'woke' philosophies. Educators say they would have a chilling effect

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The legislation comes amid continued debate over what students should be taught about America's complex past and present.

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In an effort to meet student needs through this unprecedented year, Louisiana is including Social and Emotional Learning (SEL) in their state's curriculum. All teachers and students grades 6 - 12 will have access to the developed SEL curriculum provided by the state. It is expected teacher will beginning using this curriculum in an effort to support its' students through these uncertain times.

Link:
https://thejournal.com/articles/2020/09/01/louisiana-to-provide-sel-courses-to-middle-high-school-students.aspx

Reference:
Schaffhauser, D. (2020, September 9). Louisiana to provide SEL courses to middle-high school students. THE Journal. https://thejournal.com/articles/ 2020/09/01/louisiana-to-provide-sel-courses-to-middle-high-school-students.aspx

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Social-Emotional Learning

Louisiana to Provide SEL Courses to Middle High School Students

Louisiana will be providing every student in grades 6-12 access to social and emotional learning courses this school year. The state has licensed content from Edgenuity, an education technology company that produces online curriculum for K-12. The content was developed by Purpose Prep, a division of Weld North Education, which owns Edgenuity as well. Purpose Prep specializes in creating SEL curriculum.

Schools will have access to a library of courses, taught by some 80 experts. Teachers may choose to use the activities or full courses to personalize the learning experience for their students. Topics cover intervention on substance abuse, bullying, exploitation, depression and hopelessness, peer pressure and similar areas of concern for teens, as well as courses on fostering SEL development, such as college and career readiness, finding a purpose and working for social justice. The company has also introduced a new learning module in response to COVID-19 that addresses the trauma and loss caused by the pandemic. Students learn about healthy emotional responses and strategies, building and maintaining relationships through chaos and defining purpose through uncertain times.

"We must support our students through the uncertainty of today's environment. Their ability to learn well depends not only on instruction, but also on a sense of belonging, positive relationships and the feedback they receive," said Governor John Bel Edwards, in a statement. "As students have been disrupted from their school routine and disconnected from their teachers, social and emotional support and skills are more essential than ever."

About the Author

Dian Schaffhauser is a senior contributing editor for 1105 Media's education publications THE Journal, Campus Technology and Spaces4Learning. She can be reached at [email protected] or on Twitter @schaffhauser.

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Louisiana to Provide SEL Courses to Middle High School Students -- THE Journal

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Social-Emotional Learning Louisiana will be providing every student in grades 6-12 access to social and emotional learning courses this school year. The state has licensed content from Edgenuity, an education technology company that produces online curriculum for K-12. The content was developed by Purpose Prep, a division of Weld North Education, which owns Edgenuity as well.

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Judicial Law
Edwards v. Aguillard (U.S. 1987), the United States Supreme Court ruled a Louisiana statute, which required the “equal treatment” of evolution and creation science in state classrooms, to be unconstitutional.  (Edwards v. Aguillard (U.S. 1987)

Link:
https://www.loc.gov/item/usrep482578/

Reference:
Edwards, et al. v. Aguillard et al., 482 U.S. 578 (1987)

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Statutory Law
The Every Student Succeeds Act (ESSA) was signed by President Obama on December 10, 2015, replacing No Child Left Behind. (20 U.S.C. 6301)

Link:
https://www.ed.gov/essa

Reference:
20 U.S.C. § 6301

Statutory Law
Texas Education Code, chapter 39 establishes a statewide accountability system for Texas public schools, including End of Course exams in Algebra I, English I and II, Biology, and U.S. History. (Tex. Edu. Code § 39)

Link:
https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=ED%2fED.39&Phrases=Texas%7cEssential%7cKnowledge%7cSkills&HighlightType=1&ExactPhrase=False&QueryText=Texas+Essential+Knowledge+and+Skills

Reference:
Tex. Educ. Code § 39

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Administrative Law
The Texas Administrative Code, title 19 §74.13, lays out the requirements for each endorsement for high school graduation in the state of Texas (19 Tex. Admin. Code § 74.13).

Link:
https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=2&ch=74&sch=B&rl=Y

Reference:
Tex. Admin. Code tit. 19, § 74.13

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Federal Constitutional Law:
The 10th Amendment of the Constitution of the United States of America establishes the states' power as those not directly given to the federal government in the constitution, nor prohibited by the constitution (U.S. Const. amend. X).
Local governments play the predominant role in setting education policy, but the federal government has still exercised significant influence

Link to law: https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_10_(1791)

Reference:
U.S. Const. amend. X

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Slide #10: Local Administrative Law/Policy/Rule

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Slide #10: Local Administrative Law/Policy/Rule

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Dickinson High School Policy - Curriculum, Instruction, and Assessment
Dickinson High School is committed to the continuous improvement of student academic achievement and core curriculum. Through the Professional Learning Communities, curriculum specialist, the Dean of Instruction, academic team leads, and instructional coaches analyze student needs based on state and district test assessments. All assessments are derived from Texas Education Agency's Texas Essential Knowledge and Skills. (DHS, 2019, pg 16-17)

Link:
Dickinson High School - 2020|2021 CIP:  Curriculum, Instruction, and Assessment

Reference:
Dickinson High School, (October, 2019). Dickinson High School: 2020-2021 Campus improvement plan. http://www.dickinsonisd.org/upload/page/ 0373/docs/New%20CIP/DHS%20CIP.pd

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The number one code for school leaders as proposed by the National Association of Secondary School Principals is making "the well-being and success of students the fundamental value in all decision-making and actions." Codes four and five, call for the implementation of rules, regulations, and policies set forth by the board of education and the obedience of all laws, federal, state, and local. At times, it seems these codes can be in contradiction of each other when it comes to enhancing the development of the full child.

Link:
https://www.nassp.org/wp-content/uploads/2020/05/NASSP_position-statement_Ethics.pdf

Reference:
National Association of Secondary School Principals, (2013, November). National association of secondary school principals NASSP: Position statement: Ethics for school leaders. https://www.nassp.org/wp-content/uploads/2020/05/NASSP_position-statement_Ethics.pdf

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Slide #12: Personal Connection to the Legal and Ethical Standards

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Slide #12: Personal Connection to the Legal and Ethical Standards

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I have personal connections with each of the legal codes, as a student, a teacher, and a mother.
Edwards v. Aguillard reminds me as a mother, my children will be taught multiple theories and ideas I do not believe or agree with, it is my responsibility as a steward of their faith to teach them my faith with an open heart toward others and an understanding they, one day, will need to choose for themselves what they believe.
On the other side, as a teacher, I must uphold my duty to the law and ethics of teaching.

The TEKS, my children, and my students are tested each year by the state over the standards. As a teacher, I must proctor these tests each year and uphold my duty as an educator in the state of Texas.

As for the Texas Administrative Code, title 19 §74.13 and Ethical principal, as a teacher of college preparatory classes, it is my responsibility to know all options and requirements my students have to graduate not only by meeting the requirements of the state, additionally to graduate as an excellent candidate for any of the four-year universities they may apply to.

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Slide #13: Recommendations/Best Practices for Compliance

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Slide #13: Recommendations/Best Practices for Compliance

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1. You must be intentional to stay on top of what is going on in the field of education, the social climate of the country and your school's community, student academic and resource needs, and the laws governing curriculum.

2. Knowing the school's true priority will influence the school's curriculum. Once a priority has been established, usually through the Campus Improvement Plan and Needs Assessment, modifying the school's curriculum to meet the priority is a necessity.

3. Some curriculum considered to be a student or community priority may be taught in unique ways. Looking at the master schedule, reworking schedules to include homeroom, shifting to more or fewer classes per day, are all ways to create space for small amounts of curriculum to be added.

4. Show teachers what the priority is by telling them exactly what the priority is, exactly how teachers and other staff members are to support this priority. Then, support the teachers and staff members in this by giving them ongoing professional development, team planning time, and checking for compliance.

5. Use the district's best assets when establishing the curriculum. Curriculum specialists, Deans of instruction, Team Leads or Department Chairs, and master teachers have a wealth of knowledge about their subjects, their resources, their student's needs, their teachers' abilities, the TEKS, and the test scores.

6. Address any and all aligning curriculum. Establish what is necessary for students to know before entering the next level of the subject.