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Slide #1 -  Professional Perspective/Audience/Topic

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Slide #1 -  Professional Perspective/Audience/Topic

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Topic

Legal Guide for K-12 Curriculum Requirements and Development.

Professional Perspective | Field of Education

As a current educator in public education and future leader in mathematics curriculum and instruction, I have a vested concern with matters pertaining to curriculum requirements and curriculum development. I chose the following topic in an effort to provide information that is necessary for those in education to make informed decisions concerning curriculum in K-12 schools.  These decisions must consider the necessary requirements for a curriculum as well as the process of developing a curriculum as they align to appropriate legal and ethical standards.

Audience: K-12 Education Stakeholders

Mary Eden De La Garza, 2nd Grade Math Teacher
Angelo State University, M.A. Curriculum & Instruction - Advanced Instructor

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To develop a greater understanding of the legalities regarding curriculum requirements and curriculum development for public education, I have interviewed a curriculum coordinator who works for an educational service center. From this interview, I have gained insight into curriculum legalities as it relates to the following:

The Importance and Impact to My Field
The interview provided me information to best narrow and focus on the process of identifying curriculum requirements and its development for K-12 public education. From the interview, I became more aware of systems that work to promote standards alignment within schools. I also became aware of potential ambiguities in implementation oversights as they concern student and teacher roles in education. As this relates to my current field and future role, I will have a direct role in overseeing curriculum requirements and developments as I work to support teacher awareness of curriculum as it supports educational standards.

Best Practices for Examining Curriculum Requirements & Development

K-12 Curriculum must align with the educational standards determined by the State Board of Education (SBOE). For Texas, these standards are referred to as TEKS, the Texas Essential Knowledge & Skills.

K-12 Curriculum should continuously be evaluated to ensure alignment to standards as well as allow for the integration of resources deemed appropriate to further support instruction and comprehension of the standards.

The requirements and development of K-12 Curriculum should be reflected through school district's policies that are available to the public to ensure legal access.

Emerging Issue Concerning Curriculum Requirements & Development
Every few years, reforms are proposed to the process and implementation of education standards. An issue that arises from these changes, is the potential disparity between curriculum developers as it relates to supporting the TEKS. An example of this issue is the implementation of C-SCOPE. C-SCOPE is a curriculum management system that was not well received by portions of the State. The system was done away with as there were gaps between content matter and resources as they relate to the TEKS. Although this system was replaced and is now referred to as the TEKS Resource System, there were no associated lesson plans implemented to support curricular alignment within schools. This lack of provisions for connecting resources or guides to best support educator understanding and application of the TEKS, impacts my current and future role as I will need to work to locate resources and training to build systems of support.

Interviewee
Sydney Sexton, Coordinator for Curriculum Services Team at Region 17
https://www.esc17.net/page/ci.home

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The Association for Supervision & Curriculum Development (ASCD). Chapter 3. Standards-Based Curriculum and Assessment Design. http://www.ascd.org/publications/books/100043/chapters/Standards-Based_Curriculum_and_Assessment_Design.aspx

Summary
The Association for Supervision & Curriculum Development provides ways to effectively ensure a curriculum is designed to support educational standards. This is done by framing the curriculum around an essential question that students need to know. By providing appropriate concepts, guiding questions, tools, and present connections to the literature, the curriculum can represent a standards-based learning format. In addition, the organization provides processes for curriculum and assessment design to support outcomes and standards of learning.

http://www.ascd.org/publications/books/100043/chapters/Standards-Based_Curriculum_and_Assessment_Design.aspx

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Proposed curriculum, funding changes: 14 public education bills filed in the 87th Texas Legislature

"House Bill 153, filed by Rep. Barbara Gervin-Hawkins, D-San Antonio, would have the Texas Education Agency and State Board of Education establish culturally inclusive curriculum that reflects the cultural, linguistic and religious diversity of society, including instruction on fostering acceptance of diversity and critical thinking about bias to help children identify acts of discrimination."

The impact of the proposed bill on curriculum requirements and development would inform schools of the necessity to incorporate standards that support cultural diversity. This can be done by connecting the purpose of the bill to support Social-Emotional Learning Standards (SEL).

Lloyd, D. (2021, March 11). Proposed curriculum, funding changes: 14 public education bills filed in the 87th Texas Legislature. Community Impact Newspaper. https://communityimpact.com/houston/cy-fair/at-the-capitol/2021/03/11/proposed-curriculum-funding-changes-14-public-education-bills-filed-in-the-87th-texas-legislature/

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Lawmakers have returned to the Capitol for the 87th Texas Legislature. (Jack Flagler/Community Impact Newspaper)

Lawmakers have returned to the Capitol for the 87th Texas Legislature. (Jack Flagler/Community Impact Newspaper)

The 87th Texas Legislature is well underway, and hundreds of bills related to public education issues have been filed. Follow up on the status of these and other bills at www.capitol.texas.gov.

House Bill 31, filed by Rep. Valoree Swanson, R-Spring, would abolish every county board of education, board of county school trustees and office of county school superintendent in counties with populations of 3.3 million or more unless voters approve the continuation of these entities.

House Bill 153, filed by Rep. Barbara Gervin-Hawkins, D-San Antonio, would have the Texas Education Agency and State Board of Education establish culturally inclusive curriculum that reflects the cultural, linguistic and religious diversity of society, including instruction on fostering acceptance of diversity and critical thinking about bias to help children identify acts of discrimination.

House Bill 181, filed by Rep. Shawn Nicole Thierry, D-Houston, would require all school districts and open-enrollment charter schools to employ at least one full-time registered nurse at each campus and to have no fewer than one full-time registered nurse for every 750 students enrolled in the district or school.

House Bill 334, filed by Rep. Gary Gates, R-Richmond, would require at least 90% of funds allocated for career and technology education be used for CTE programming for students in grades 7-12. The current requirement is 55%.

House Bill 434, filed by Rep. Keith Bell, R-Forney, would remove the current requirement for high school students to take a fine arts class and allow them to choose between a fine arts credit and a career and technology credit to satisfy graduation requirements.

House Bill 437, filed by Rep. Vikki Goodwin, D-Austin, would require high school students to take a one-half credit course in personal financial literacy to satisfy graduation requirements and reduce the elective credit requirement from five to four and a half.

House Bill 779, filed by Rep. Art Fierro, D-El Paso, would require districts to reimburse teachers of ninth grade students or younger up to $250 each school year for eligible school supplies purchased out of the teacher's own pocket.

House Bill 985, filed by Rep. DeWayne Burns, R-Cleburne, would require information about human trafficking prevention to be included in all driver education and driving safety courses.

House Bill 1246, filed by Rep. Gina Hinojosa, D-Austin, would change the state's public education funding formula to be based on districts' average enrollment numbers rather than on their average daily attendance numbers.

House Bill 1776, filed by Rep. Keith Bell, R-Forney, would permit school boards to allow and encourage the posting of the founding documents of the United States-including the Declaration of Independence, the Constitution, the Federalist Papers and the writings of the nation's founding fathers-in classrooms and district facilities.

Senate Bill 158, filed by Sen. Charles Perry, R-Lubbock, would allow the waiving of fees for duplicate, modified or renewed licenses to carry handguns for school marshals.

Senate Bill 215, filed by Sen. Paul Bettencourt, R-Houston, would create an office of inspector general at the Texas Education Agency to investigate the administration of public education.

Senate Bill 272, filed by Sen. Royce West, D-Dallas, would require school boards to appoint one student trustee, who would not be considered an official board member or be able to vote but would otherwisehave the same powers and duties as a board member.

Senate Bill 279, filed by Sen. Juan "Chuy" Hinojosa, D-McAllen, would require student identification cards for public school children in grades 7-12 to include suicide prevention information, including the phone numbers for the National Suicide Prevention Lifeline and Crisis Text Line.

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Proposed curriculum, funding changes: 14 public education bills filed in the 87th Texas Legislature

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Lawmakers have returned to the Capitol for the 87th Texas Legislature. (Jack Flagler/Community Impact Newspaper) The 87th Texas Legislature is well underway, and hundreds of bills related to public education issues have been filed. Follow up on the status of these and other bills at www.capitol.texas.gov. House Bill 31, filed by Rep.

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Massive investment in social studies and civics education proposed to address eroding trust in democratic institutions

As a result of recent attacks on the State Capitol, there is urgency to propose "an overhaul of the way civics and history are taught to American K-12 students" to inform students of civic duties and responsibilities as it relates to the roles and functions of democratic institutions (Heim, 2021).

For civics and history education, K-12 Curriculum would require "emphasis on diverse viewpoints" through inquiry-based approaches to best understand democratic institutions, versus traditionally memorizing dates without understanding the purpose of historical events.

Heim, J. (2021, March 1). Massive investment in social studies and civics education proposed to address eroding trust in democratic institutions. Washington Post. https://www.washingtonpost.com/education/civics-social-studies-education-plan/2021/03/01/e245e34a-747f-11eb-9537-496158cc5fd9_story.html

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The U.S. Capitol on Feb. 26. (Salwan Georges/The Washington Post)

It has been a bad 12 months for the practice of civics in America.

The U.S. Capitol attacked by thugs. An alleged plot to kidnap a state governor. Bogus claims of widespread election fraud. Violent protests in the streets. Death threats against public health officials. And a never-ending barrage of anger and misinformation on social media directed at, and by, politicians, leaders, pundits and an increasingly bitter and frustrated populace.

As the battles have raged, trust in institutions - government, media, the law - has plummeted.

So how did we get here? And how do we get out?

For many close observers, a direct line can be drawn from today's civics crises to a long-standing failure to adequately teach American government, history and civic responsibility. Breadth has been emphasized over depth, they say, and the cost is a citizenry largely ignorant of the work needed to sustain a democracy.

Now, a diverse collection of academics, historians, teachers, school administrators and state education leaders is proposing an overhaul of the way civics and history are taught to American K-12 students. And they're calling for a massive investment of funds, teacher training and curriculum development to help make that happen.

The Educating for American Democracy (EAD) initiative will release a 36-page report and an accompanying 39-page road map Tuesday, laying out extensive guidance for improving and reimagining the teaching of social studies, history and civics and then implementing that over the next decade.

The partnership's diagnosis is urgent and unsparing.

"Civics and history education has eroded in the U.S. over the past fifty years, and opportunities to learn these subjects are inequitably distributed," the report states. "Dangerously low proportions of the public understand and trust our democratic institutions. Majorities are functionally illiterate on our constitutional principles and forms. The relative neglect of civic education in the past half-century-a period of wrenching change-is one important cause of our civic and political dysfunction."

After Capitol attack, social studies and civics teachers struggle with real-time history lessons

Work on the report began two years ago with $650,000 in grants from the Education Department and the National Endowment for the Humanities to come up with a plan to address what some have described as an existential issue for the country. The grant was later increased to $1.1 million. More than 300 individuals with experience at all levels of civics, political science and social studies education contributed to the project, including many with disparate views and ideas about how the work should be done.

That emphasis on diverse viewpoints and input was intentional and necessary, said Louise Dubé, executive director of iCivics, a nonpartisan nonprofit founded in 2009 by former Supreme Court justice Sandra Day O'Connor to promote and create content for civic education in schools. Dubé headed work on the report along with leaders in civics education from Harvard, Tufts and Arizona State universities.

"This project is about restoring the ability to self-govern, and clearly we have a serious problem with that right now," Dubé said. "At the core of what self-government requires is for you to understand the history, to understand it from multiple perspectives to know more history, but also to be able to talk and discuss with others who disagree with you and to form a path forward. And all of those things are very critical right now."

Less memorizing of dates

The report calls for an inquiry-based approach that would focus less on memorizing dates of wars and names of presidents and more on exploring in depth the questions and developments, good and bad, that have created the America we live in today and plan to live in well beyond the nation's 250th anniversary in 2026. What students need, the report argues, is not a laundry list of facts, but a process that produces a better understanding of how the country's history shaped its present.

Before social studies standards in Pennsylvania were revamped, teaching the subject was like preparing students to do well in a game of Trivial Pursuit, said Shannon Salter, a high school social studies teacher and curriculum designer in Allentown.

She rattled off some of the previous teaching requirements.

"Did you teach the War of 1812? Did you teach Teapot Dome? Can your students memorize the capitals of all 50 states and spout them in alphabetical order?" Salter said. "It was all a list of items that you could recite on a multiple-choice test and treating it as though that was meaningful learning in history and social studies."

What students need, Salter said, is an awareness of how to get involved in the issues of their communities and a much better understanding of how systems work and how individuals can participate in the processes of electing, debating, governing and consensus-reaching.

With the new social studies standards, classes can build critical thinking skills that teach students "how to raise your voice in your community and advocate for your needs," Salter said. "They're learning to collaborate to solve problems and challenge the way things are so that the country continues to become that more perfect union that we envision."

The new focus on educating students to become more knowledgeable citizens calls for an investment in teacher training, curriculum development and an approach that would emphasize teaching of history and civics to the same degree as STEM and English language arts courses. The report doesn't provide an estimate of costs, but its goal is to reach 60 million students, 100,000 schools and 1 million teachers by the end of the decade.

"What we really need is national will to do this," said Danielle Allen, director of the Edmond J. Safra Center for Ethics at Harvard University and one of the leaders of the EAD project. "We have had national will around investment in STEM education, and the results of that show themselves. My colleagues in STEM fields at the university level will say that they're getting the best prepared students they've ever gotten. We can't say the same thing in the domains of political science and history and things like that."

As the election draws near, civics and government teachers walk a fine line

No national standards

But while the road map provides guidance for states on how to implement the new approach, getting buy-in from all 50 states, the District of Columbia, territories and tribal nations won't be simple. Unlike with math and science, there is no nationally agreed upon set of standards for teaching social studies. Each state issues social studies guidelines for school districts to follow, and these requirements vary widely.

Stefanie Wager, president of the National Council for the Social Studies, said that there has long been a need for a common vision and guiding document for social studies and that the EAD report and road map will meet it. But there's still a lot of work to be done before states will get on board.

"Part of the reason we're in the mess that we are in as a country is that we are so different in terms of what happens in states across the country in terms of teaching social studies," said Wager, a former teacher who until earlier this year worked for Iowa's department of education. "The road map has a good possibility of moving us in the right direction, but if every state does something very different with it in terms of implementation, then it loses its magic. The devil, I think, is in the details of how it is implemented."

How is the history of slavery taught in America's schools

Paul Carrese, a member of the EAD's executive committee and director of the School of Civic and Economic Thought and Leadership at Arizona State University, said it was important that the group provide not a national curriculum but a framework that all 50 states, the District, territories and tribal nations would take seriously and embrace. He acknowledged the challenge that presents but said the need is urgent.

"We obviously think education for informed and engaged citizens is fundamental to national security and as important to the country as economic preparedness and competitiveness," Carrese said. "For the civic fabric of the country, the situation couldn't be more grave than it is right now."

Updated February 18, 2021

The pandemic school year

Students, guardians and teachers experience a very different school year as the coronavirus disrupts the country's education system

Schools reopening: What to know about safety | The CDC's roadmap to reopening schools

The 2020-2021 school year: The racial disparities over who is returning to D.C. classrooms| Teachers are moving to the front of the vaccine line | Schoolchildren are struggling with mental health

Higher Ed: College Board is scrapping SAT's optional essay and subject tests | Living on-campus during the pandemic | Education Department extends pause on federal student loan payments

The DMV: Prince George's public schools | Montgomery County schools | Northern Virginia schools begin vaccinating staff

Tell us how school reopening is going? Parents, guardians and teachers | Students
Financial aid: How has the pandemic affected how you'll pay for college? Show More Show Less
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Massive investment in social studies and civics education proposed to address eroding trust in democratic institutions

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It has been a bad 12 months for the practice of civics in America. The U.S. Capitol attacked by thugs. An alleged plot to kidnap a state governor. Bogus claims of widespread election fraud. Violent protests in the streets. Death threats against public health officials.

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An example of Constitutional Law in relation to curriculum requirements and development involves the impact of the 14th Amendment.

The Equal Protection Clause of the 14th Amendment states that no child may be denied equal access to schooling.

While the federal government has no direct authority regarding school curriculum decisions, the Equal Protection Clause addresses "equal access" to receiving an education.

In examining what constitutes equal access to schooling, the development and requirements of a curriculum must provide equitable resources and opportunities for learning in educational environments. However, when identifying opportunities to receive equitable curriculum, some learners in practice may not have such opportunities, and therefore, are not supported by the Equal Protection Clause in this aspect.

U.S. Const. amend. XIV, § 2

Link:
https://www.crf-usa.org/bill-of-rights-in-action/bria-7-4-c-education-and-the-14th-amendment#:~:text=While%20education%20may%20not%20be,denied%20equal%20access%20to%20schooling

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An example of Statutory Law in relation to curriculum requirements and development is the Texas Education Code, Section 28.002, Required Curriculum.

Legal power for curriculum requirements and development is restricted to state governments including local school boards.

The Texas Education Code for section 28.0027 addresses the requirements for a foundational curriculum to include English Language Arts, Mathematics, Science, and Social Studies.

The code outlines requirements of an enriched curriculum to address other areas that meet the essential knowledge and skills for the State.

Tex. Educ. Code § 28.002

Link:

https://texas.public.law/statutes/tex._educ._code_section_28.0027

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An example of Statutory Law in relation to curriculum requirements and development is the judicial case of Evans-Marshall v. Bd of Ed of Tipp City Exempted Village Sch Dist. through the 6th Circuit Court of Appeals.

The courts "generally favor efforts to expand access to knowledge, rather than efforts to restrict it" (Underwood, 2019). School districts determine the curriculum for the school and teachers are required to carry out the curriculum. With this stated, teacher's decisions concerning the use of materials must be in alignment with school policy.

In the case of Evans-Marshall v. Bd of Ed of Tipp City Exempted Village Sch Dist. (6th Cir. 2010), a high school English teacher was dismissed for using classroom assignments and materials without following the appropriate steps for approval" (Underwood, 2019). This example shows the importance of K-12 Curriculum needing to be aligned with policies determined by school districts.

Evans-Marshall, 624 F.3d at 337

Link:
https://educationlaw.org/453-slr-recycle/1301-evans-marshall-v-board-of-education-624-f3d-332-6th-cir-2010

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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An example of Statutory Law in relation to curriculum requirements and development is that of State Administrative Law, Title 19, Part 2, Chapter 74, Subchapter A, Required Curriculum Sections 1-3, as regulated through the Texas Education Agency.

The Texas Administrative Code 74.3 describes the requirements for the development of an elementary and secondary curriculum that meets the Essential Knowledge and Skills.

In addition to describing the requirements of a curriculum, the code states that school districts may offer additional courses and provide students the opportunity to participate in all courses (TEA).

19 TAC § 74.1, 19 TAC § 74.2. 19 TAC § 74.3

Links:
19 TAC § 74.1:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=173219&p_tloc=&p_ploc=1&pg=11&p_tac=&ti=19&pt=2&ch=74&rl=3

19 TAC § 74.2:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=201489&p_tloc=&p_ploc=1&pg=12&p_tac=&ti=19&pt=2&ch=74&rl=3

19 TAC § 74.3:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=173219&p_tloc=&p_ploc=1&pg=13&p_tac=&ti=19&pt=2&ch=74&rl=3

Reference:
TEA. (2020, October). Chapter 74. Curriculum Requirements Subchapter A. Required Curriculum. Texas Education Agency. http://ritter.tea.state.tx.us/rules/tac/chapter074/ch074a.pdf

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An example of a local school policy that illustrates how a district may approach curriculum requirements and development is Policy 603 - Curriculum Development for Princeton Public Schools District.

The purpose of this policy for Princeton Public Schools is

to "provide direction for continuous review and improvement of the school curriculum".

The school policy, Policy 603 - Curriculum Development, provides responsibilities of members of the school system in regards to curriculum provisions. The primary responsibility for curriculum development lies on the Superintendent for the district. They are responsible for effectively researching curriculum that will meet the needs of students.

Source:
PPS District. (Rev. 2017, September 15). Policy 603 - Curriculum Development. Princeton Public Schools. https://www.isd477.org/district/policies/600-education-programs/603

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When referring to my professional code of ethics from Title 19, Part 7, Chapter 247, Rule 2, the Code of Ethics and Standard Practices for Texas Educators, Standard 1.7 provides compliance requirements that if not followed, will not support the successful development and implementation of a curriculum.

19 TAC § 247.2

(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

In the event that an educator fails to comply with state regulations, local policies, and laws concerning the instruction of appropriate and standards-based curriculum, they are at risk of presenting academic negligence for their students. As a result, their students will not receive targeted, standards-based learning to meet their needs and skills determined by the TEKS.

Link:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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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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1. My personal connection to legal and ethical standards regarding curriculum requirements and development is revealed through my future role as a mathematics instruction and curriculum leader for teachers. In these roles, it is essential that I meet legal and ethical standards of following the requirements of curriculum development.
2. As it pertains to my position in K-12 public schools, it is necessary that I approach curriculum requirements and development in ways that align with the educational standards as reflected in the Texas Essential Knowledge and Skills.
3. By complying with the appropriate regulations, laws, and policies, I am able to continue my educational path as an educator to be in a capacity that best serves the needs of my students. In my continuation of understanding the law and complying with legal matters as it applies to curriculum, my professional judgment and reasoning can be supported in future roles of overseeing and developing curriculum.

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Slide #13 -  List of Recommendations / Best Practices for Compliance

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Slide #13 -  List of Recommendations / Best Practices for Compliance

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From analyzing legal and ethical standards for curriculum recommendations, the following recommendations and practices for compliance are encouraged:

When developing a K-12 curriculum, it is necessary to ensure the curriculum is designed to support educational standards. This includes the use of outside resources as well as needing to support educational standards.

When incorporating standards into curriculum, the need to include standards that support cultural diversity and diverse viewpoints is an essential component of providing an ethical and relatable curriculum for all learners.

A K-12 Curriculum must provide equitable resources and opportunities for all students in educational settings.

It is important to remember that the legal power for curriculum requirements and development is restricted to state governments including local school boards. The role of the State and school districts must comply with standards determined through various agencies.

From the school districts, the determined curriculum needs to be aligned with the policies determined by those school districts and should be available to the public.

The policies determined for curriculum development and requirements should provide direction for continuous review and improvement of the curriculum.

The educator's role in the understanding of curriculum should be supported in their abilities to comply with state regulations, written local school board policies, and other state and federal laws.