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#4: Statues and Administrative Laws:

Testing:

Statue: Sec. 39.003.  SPECIAL INVESTIGATIONS.  (a)  The commissioner may authorize special investigations to be conducted:

(1)  when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined (2)  when excessive numbers of allowable exemptions from the required state assessment instruments are determined

Federal Law: Every Student Succeeds Act (ESSA), states must continue annual statewide tests in reading/language arts and mathematics to all students in grades 3-8 and once in high school, as well as in science at least once in each of grades 3-5, 6-9, and 10-12.

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#11: Recommendations and Best Practices for Compliance:

1. Always seek help or direction if you remain unsure about how to handle a situation

2. Understand the background information that is associated with the situation

3. Refer to School Board Policy for specific questions about your district

4. Have defined definitions for what cheating/grading/cellphone policy looks like on your campus

5. Put students first-consider their needs and what will most benefit them

6. Seek permission before acting and know what the expectations are

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#10: Personal Connection to Legal and Ethical Standards:

The application of law allowed me to understand a different side of education and how when you dig deep into there are reasons for everything. It helped with my personal journey because it was definitely provided me with new insight that I did not have before. My biggest takeaway from this assignment was learning and identifying the different laws that are connected to these policies. I think that as a classroom teacher, sometimes you forget the origin of the policies so it was really interesting to dig deep into it to provide a deeper level of understanding. These will pave a path for my education goals because it will prepare me for the moment when I take on the role of assistant principal. Having some understanding of these key ideas and topics will be incredibly useful.

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#9: Ethical Principle:

Testing:

Ethically speaking, the testing coordinator’s job is to make the state assessment available to the student. There are instances where health concerns outweigh the state requirement for the student to sit for the exam.

According to the state of Texas’ District and Campus Coordinator Resources (DCCR), district personnel are able to exclude a student from testing due to medical reasons. A doctor or parents could say that the student cannot or will not take the exam, they meet with campus and district personnel to solidify this decision. In this case, the test administrator still makes the test available with all necessary supports for the student. Should the student have to exit the exam or not take it all for health reasons, the testing coordinator ethically still did all she could. (District and Campus Coordinator Resources, 2024)

Cellphones:

The main ethical standard for cellphones in schools is maintaining positive learning environments for students and providing students with less distractions in order to be successful. According to the Texas Education Agency Technology Guidance, it is primarily up to the school boards to develop well articulated cell phone policies.

(Texas Education Agency)

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#8: Risk Management Strategies: Testing

1. Ethically speaking, during testing there could potentially be an emergency that would require building evacuation. Test administrators can now keep their cell phones on in order to receive notifications from Raptor, a school safety notification system.

2. Negligence would be discussed if staff members were not able to evacuate the building due to an emergency because their phones were off. (Texas Education Agency, 2024)

3. Developed Definitions of Cheating:

The Texas Education Agency provides school districts across the state with a true definition of cheating and what the next steps are for campuses that my experience that. This is important because it is crucial to maintain the integrity of the test. (Texas Education Agency)

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#7: Local Policy:

Cellphones: Policy: Katy ISD Technology Acceptable Use Guidelines went into effect for the 2024-2025 school year. This policy stated that “All District students shall be required to acknowledge receipt and understanding of all guidelines governing use of the system and shall agree in writing to allow monitoring of their use and to comply with such guidelines.”  Before receiving their district issued device, students and parents had to read and acknowledge the districts acceptable use policy. The district also stated that “The district’s cell phone policy will be updated to include references to the CLASS 1:1 Student to Device initiative. Once students are issued a Katy ISD Chromebook, restrictions specific to personal devices, such as cell phones, during the school day will be provided.”  Based on this policy, the only technology that students are to have out during their school day was their Katy ISD issued device. Elementary, Junior High and High School offered specific restrictions on personal devices, such as cell phones, headphones and smart watches. (Katy Independent School District, 2024)

Testing:

Texas school districts are not always tied to the county it’s in. KISD spans three counties - Harris, Waller, and Fort Bend counties. Therefore, with a policy such as attendance, the school board must be in accordance with the county regulations. The attendance policy should impact state testing, when the Compulsory Attendance Policy states students must be present for the length of their program, unless otherwise exempt by TEA. Texas legislature, however, has decriminalized truancy, which poses an issue. While a local school district can mandate attendance, they can’t truly enforce it without the state taking it more seriously. (Katy Independent School District, 2024)

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#6: Federal Regulation or Mandate:

Cell Phones:

The Katy ISD Cellphone states that devices in “non-instructional areas” are utilized in the following ways based on the grade level.

Elementary Students are prohibited from using personal devices in all non instructional areas, throughout the entire school day.

Junior High Students are prohibited from using their devices in all non-instructional areas, however it is a campus based decision if students are allowed to use personal devices during lunch periods.
High School Students may utilize their devices during passing periods and lunch based on campus decisions.

State Testing:

The Elementary and Secondary Education Act (ESEA) section 1111(b)(2) requires state assessments for each grade level, as well as languages other than English, English proficiency, and alternative assessments. This regulation impacts educational leaders and school districts as there is no option for whether or not to participate in state assessments.

These are overreaching issues related to my topic because they impact the instructional areas and how students are being provided said instruction.

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#5 Court Cases:

Cell Phones:

The court case of Jackson, et al v. McMurry, et al discussed whether school leaders had the right to search a student’s cell phone without their permission, nor a warrant, amidst an investigation of alleged threats made against a student.

This impacts the idea of personal technology in schools because with the use of such technology comes a long list of problems that extend far beyond the walls of a school. The importance of this also looks at how school administrators can handle specific situations and how school policy is going to be created moving forward.

(Jackson, et al v. McMurry, et al, 2017)

Testing:

In 1970-1980’s, there were a variety of landmark court cases that helped to establish equal rights for students across the United States. One case in particular was, Castañeda v. Pickard (1981): which  created provisions for emergent bilingual students which, ultimately led to creating TELPAS testing. The parents argument was that the school district failed to provide adequate resources and bilingual education programs to their two children who were in the school district.

This case would impact the landscape of state testing for years to come because it proved that all students needed to met where they were at in their learning. School districts across the state of Texas also became responsible for providing resources, bilingual education programs, and teachers to ensure that this population of students was supported.

(Castañeda v. Pickard,  1981)

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#3: Federal and Constitutional Laws:

Testing:

U.S. Constitutional Law:

No Child Left Behind Act - This law was created to improve American education, heightening the need for accountability of schools, their districts and the states. This impacts schools because now, not only are state assessments mandatory, but increases in scores are necessary, too. (No Child Left Behind, 2002)

Texas Law:

House Bill 5 - This bill was created the requirements that students must adhere to in order to graduate. These requirements include, but are not limited to specific classes to take, STAAR tests to pass, etc. (HB 5, 2013) These impact testing and educational leaders because there are now requirements students must fulfil to graduate. This poses a problem when a student fails a STAAR-tested subject - the student must retake the class and/or repeatedly take the STAAR test until they receive approaches or higher.

House Bill 1416 - This bill was created to provide guidance to students who do not pass state assessments. The bill requires that when a student does not meet approaches or higher on STAAR exams, they must be provided supplemental instruction in addition to the regularly provided instruction. (HB 1416, 2024) This impacts education as there are repercussions when students are not successful on the STAAR exam. Now, teachers and support staff must utilize more time outside of the school day to ensure that students are getting the necessary individualized tutorials needed in order to pass the STAAR test(s).

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#2: Governing Agencies:

Cell Phones: The cell phone policy is a district-created expectation. In Katy ISD, it was determined and voted upon by the school board that students would not be allowed to have cellphones in the classroom. If students need to utilize technology, they can use their district-issued Chromebook.

(Katy Independent School District, 2024)

Testing: Policies are governed by many different parties:

The state’s Texas Education Agency gathers information and then makes policies based on what they believe to be most beneficial.

The local school district is responsible for training and implementing the policies set forth by the state. They then gather that information and delegate to each campus’ testing coordinator, who trains teachers and staff on testing expectations, as well as organizes and holds each day of testing.

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#1: Legal and Ethical Issues Influencing Education:

1. Cell Phone Policy: What role is technology going to continue to play in our education system? Will students be allowed to continue to have access to their phones throughout the school day?

2. Testing Policy: Are schools relying on student test scores to determine what students are actually learning rather than other forms of assessment? Are all students being testing in a fair and equitable manner?

My professional perspective within education is students are more than just test scores. There is research that proves that students can process information in a variety of different ways, therefore why do we not consider these ideas?

Cell phones and technology are something that is ever changing and evolving–it is something that can beneficial in the classroom but also has its drawbacks.

Audience: I selected these topics because I am interested in how the education system could be better about seeing the whole student, rather than a test score or grade. I also have seen the change in today’s students from somewhat dependent to fully dependent on technology and their cell phones, to the point of using them against teachers and peers.

Citation: Bailey, P. (2024, August 16). What schools need to unlearn: Exams have eclipsed learning in an education system that fails students and worsens inequality. New Statesman, 153(5778), 36+. https://link.gale.com/apps/doc/A809251938/STOM?u=j101914057&sid=bookmark-STOM&xid=57865359

https://www.edweek.org/technology/video-cellphone-policies-in-schools-explained/2024/05