The Law and the Effects on Educators

 Has the legal process helped or hindered education?

 Once again California schools seem to be in the middle of political legal battles that results in experiencing teacher shortage and  low enrollment. According to McKinney (2017), the California education system provides instruction and services of support to 6,000,000 students in grades K-12. Today, that number has been declining. In the past, California schools were once thriving as an educational system. In the video First to Worst, it shows California schools as beautiful buildings, updated textbooks, arts, sports and were not overcrowded. As time went on, new enacted laws from state, federal and the legal processes were more confusing and hindered education to thrive. 

With the passing of Proposition 13 it centralized all decision-making and local control over money spent was no longer existent. According to authors Kermerer and Sansom property taxes were limited to 1 % of assessed value and it required a two-thirds vote of the legislature to increase the state taxes (Kemerer & Sansom, 2013). This has hindered education and allowed for school buildings to decline and force school districts to make drastic cuts in their budgets. The first cuts are often the instruction in arts. Arts education cut from schools only discourages students from using their creative intelligences to succeed. School buildings as a result are falling apart and schools are having to get creative in their ways to raise funds to supplement what is missing. “Proposition 98 amended the California Constitution to guarantee a certain percentage of the budget is dedicated to education (McKinney, 2017).” This helped make adjustments and expand funding for new teachers. However, in the attempt to recruit more teachers Education Code Section 44325 provided qualified people to receive “emergency credentials” to allow them to teach while receiving their teaching credential. This hindered education because it allowed for unqualified (but probably meaningful people) to serve as teachers. 

 With the adoption of No Child Left Behind in 2002, California schools had added pressure to ensure all students master the state standards. Even after NCLB ended in 2015, Kermerer and Sansom argue that the expectations of NCLB were called a “tall order.”  The authors argue that there’s danger in the expectations and the resources  and teaching skills will not be available to assist improvement of performance of disadvantaged students (Kemerer & Sansom, 2013). I agree with the argument because at my school site there are many low scores from our socio-economic students who are disadvantaged in a multitude of ways. My school has an enrollment of 330 students. In the past our enrollment was at least 700. My school is a Title 1 school and we receive funds through the LCFF to replace what is lost in the curriculum and to hire staff. We are still struggling to provide for our students the programs they need to succeed and master the state standards.  According to the California School Dashboard, of the 330 students my school has 84.5% socioeconomically disadvantaged California School Dashboard, 2023 ). With the current laws and regulations, a program called Primary Promise was recently cut from the budget. This program was working really well with our students and now it will be gone this coming school year. In a current interview with Primary Promise Coordinator Katie Jamison, Primary Promise teachers were given 3 days’ notice that their jobs were no longer available. A program that has seen results on school sites is being cut due to lack of funding. Although the teachers knew it was a 3 year program, it still presents issues at school sites where the teachers don’t feel valued and are once again grappling to find employment. Primary Promise Coordinator, Katie Jamison states, “With 3 months left of employment these teachers and various program advisors are forced to prioritize their career goals rather than focusing on students.”  The data scores in student achievement produced huge increased scores in math and language arts and now it is gone.  

How can an educator work to ensure that the school operates consistently within the parameters of federal, state, and local laws, policies, regulations, and statutory requirements?  An educator can ensure that the school operates consistently within the parameters of federal, state and local laws, policies, regulation and statutory requirements by making sure to read and understand the updated if any amendments. For example, Governor Gavin Newson signed a bill that makes California the first state to require all students to complete an ethnic studies course to receive a high school diploma ( Edsource, 2021). Educators cannot change the laws and regulations within the school, however they could lobby for better conditions best to fit the needs of the school community. To operate consistently, educators could create a check and balances routine into their school work and make sure all laws and policies are not being overlooked.                 

The challenges and benefits associated with being an instructional leader under the umbrella of the legal process is the pace of movement when education shifts in accordance with laws, regulations, policies and mandates. California schools aim to be higher in rank like they were once before and the challenges they face trickle down to the individual school sites where updates are not given in timely matters. The benefits associated with being an instructional leader are the students and watching them grow successfully with the laws that are in place that contribute the funds for their academic successes. 

Learning Matters: First To Worst (2004). (2012, April 24). YouTube. Retrieved March 18, 2023, from https://youtu.be/r5NhiM9ApCw

Jamison, K. (2023, March 14). Has the legal process in education helped? (L.Marks, Interviewer) [Review of Has the legal process in education helped?].

Kemerer, F. R., & Sansom, P. (2013). California school law. Stanford Law Books.Ash, P.   

What’s next for California education? New laws and vetoes. (n.d.). EdSource. https://edsource.org/2021/whats-next-for-california-education-new-laws-and-vetoes/662277