children out of school in america - University of Tennessee Digital ...

children out of school in america - University of Tennessee Digital ... children out of school in america - University of Tennessee Digital ...

diglib.lib.utk.edu
from diglib.lib.utk.edu More from this publisher
05.01.2013 Views

cussed in this report suffer. Nor do we suggest that if their regular attendance were made possible they would achieve equality. The interdependence of education with economic, social and political opportunity is not lost on us, or on the people we interviewed. We believe that reforms in schools must be viewed in tandem with reforms outside schools. Children's achievement levels may be motivated as much or more by the job opportunities available in the larger society than by anything we might change within schools. The economic burdens which make many children drop out of school because they cannot afford to go or because they have to help support their families would be substantially alleviated by decent jobs and a family-income support program. a It is imperative that we undertake long-range strategies to change these conditions. But schools alone can do much to help these children have a better chance. We think schools have an obligation to teach requisite skills to all children, however long it takes. We think schools can change those policies and attitudes which exclude children or encourage them to leave. As a purported childcaring institution, we also think schools ought to help ameliorate the effects of society's other injustices to certain children rather than ignore or compound them. But schools as presently arranged do not do this. Parents may be fined or imprisoned and children may be institutionalized for failure to comply with compulsory attendance laws. No sanctions tantamount to these serious measures may be taken against the state for its role in the omission of children from schoo1. 4 2 The reliance on credentials may be altered as the principles of measurement of job-related competence established in Griggs v. Duke Power Co., 401 U.S. 424 (1971) are extended through its progeny. For a discussion of the implications of the decision for employment and education, see Sheila Huff, "Credentialing by Tests or by Degrees: Title VII of the Civil Rights Act and Griggs v. Duke Power Company," Harvard Educational Review, Vol. 44, No.2, May, 1974, pp. 246-269. Until changes are made in many segments of the employment field, however, poor people especially will continue to need school credentials to get through the gates of professions and other high stalus jobs. :I We are one of the few "modern" nations that have failed to adopt some kind of minimum family income support plan. 4 See Appendix I. 56 How Compulsory Is Compulsory Attendance: Exemptions Compulsory attendance laws exist in 49 of the 50 states and the District of Columbja. 5 States have created some 35 reasons why children may not be expected to comply with compulsory attendance laws. 6 States call these "exemptions," and use discretion in enforcing them. States can thus choose not to serve a group of children by exempting them by statute. No parent or child has such a right. The purpose and effects of these statutory exemptions raise important issues in terms of children's right to an education. 7 5 Mississippi remains the single state without compulsory attendance. South Carolina has just phased back in its compulsory attendance law. The law was reenacted in South Carolina in March 1967 (South Carolina Code §2l-757) and was implemented at the discretion of individual school districts until July I, 1974, when it became mandatory. As of January 15, 1974, just over two-thirds of the 93 school districts in the state had implemented the law on a voluntary basis. 57 of these 68 districts had done so prior 10 or during the 1967-68 school year. ("Status of Districts Implementing the Compulsory Attendance Law, January 15, 1974," Received from R. W. Burnette, Director, Office of Finance, South Carolina State Department of Educalion.) It is interesting to note lhat these two states, and others that have many exemptions from compliance with the law, have high rates of children out of school. 6 For a summary of these state exemptions to compulsory attendance laws, see Appendix I. 7 Although the enforcement of the compulsory education laws is primarily the states' responsibility, the claim and waiver of statutory exemptions is not clearly any particular party's responsibility. The language of most is that the school or parent can invoke an exemption and that the party who does invoke it may use it to defend against efforts by the other to compel a child's attendance. The student's ability to invoke an exemption is less clear. With one exception (Oklahoma), all the employment exemptions presume that a student's parents or school officials, acting separately or together, will represent and determine the student's interest. And all presume that the child who seeks an employment permit is exercising some choice about leaving school. This presumption may be unwarranted, especially in poor and immigrant communities, such as New Bedford, Massachusetts. However, the competition between parent and state at least insures that somebody will occasionally pay attention to the child. The absence of adequate educational opportunities for institutionalized children, who are without parents and who are the total responsibility of the state, testifies to the educational fate of children who are not even important enough to be somebody's pawn.

TABLE I STATUTORY AND CONSTITUTIONAL PROVISIONS FOR COMPULSORY AND PE Compulsory Pennissive Compulsory State Inclusivel Minimum Maximum5 InclusiveI Minimum Maximum!5 State Inclusivel Minimum Maximum5 16 164 174 164 164 17 164 164 164 184 18 7 7 7 6 6 6 7 7 7 6 7 Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma 5 2 5 (on or before Nov. 2) 20 5 (before Jan. I) 2)4 5 (on or before Oct. I) 21 4 4% (on or before Sept. 1) 2 6" 21 5 2 (I 214 " 2 5 (on or before Jan. 1) 2 6" 194 5 (on or before Dec. 31) 2 153 164 164 16 164 16 16 164 164 16 16 18 7 7 8 7 6 7 7 6 7 7 7 6 Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware D.C. Florida Georgia Hawaii 184 17 7 8 Oregon Pennsylvania 6" 21 4 4 21 16 164 7 7 Idaho IJIinois Rhode Island 7 16 South Carolina 7 168 South Dakota 7 164 Tennessee 7 163 Texas 7 17 4 Utah 6 184 Vermont 7 164 Virginia 7 16 Washington 8 18 West Virginia 7 16 Wisconsin 7 164 Wyoming 7 16 2 2 5 (on or before Sept. 15) 21 4 5 (on or before Sept. I) 2 4 21 4 2 5 (on or before Oct. 15) 204 5 204 H (; 163 16 16 16 16 17 164 (I 7 7 7 7 7 7 6 u 5 (on or before Dec. I) 2 5 (on or before Sept. I) 21 6" (on or before Jan. 1) 2 5 164 164 7 164 6 7 7 7 Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri (I To be determined by state or loca 7 No compulsory education require • Specified date upon which a pupil from school year to school year. N.B.: In approximately one-third o in administrators discretion to alte sive age requirements. Source: Our analysis of state statut 1 Unless otherwise specified. denotes age at which a pupil may attend Kindergarten provided one is available. An asterisk next to age denotes ent,·y into Ist grade. 2 Not specified in sources. 3 Inclusive. 4 Ambiguous as 10 whether inclusive or exclusive. 5 Unless otherwise specified by footnote. age indicated is exclusive. VI -J

TABLE I<br />

STATUTORY AND CONSTITUTIONAL PROVISIONS FOR COMPULSORY AND PE<br />

Compulsory Pennissive Compulsory<br />

State Inclusivel<br />

M<strong>in</strong>imum Maximum5<br />

InclusiveI<br />

M<strong>in</strong>imum Maximum!5<br />

State Inclusivel<br />

M<strong>in</strong>imum Maximum5<br />

16<br />

164 174 164 164 17<br />

164 164 164 184 18<br />

7<br />

7<br />

7<br />

6<br />

6<br />

6<br />

7<br />

7<br />

7<br />

6<br />

7<br />

Montana<br />

Nebraska<br />

Nevada<br />

New Hampshire<br />

New Jersey<br />

New Mexico<br />

New York<br />

North Carol<strong>in</strong>a<br />

North Dakota<br />

Ohio<br />

Oklahoma<br />

5 2<br />

5 (on or before Nov. 2) 20<br />

5 (before Jan. I) 2)4<br />

5 (on or before Oct. I) 21 4<br />

4% (on or before Sept. 1) 2<br />

6" 21<br />

5 2<br />

(I 214<br />

" 2<br />

5 (on or before Jan. 1) 2<br />

6" 194 5 (on or before Dec. 31) 2<br />

153 164 164 16<br />

164 16<br />

16<br />

164 164 16<br />

16<br />

18<br />

7<br />

7<br />

8<br />

7<br />

6<br />

7<br />

7<br />

6<br />

7<br />

7<br />

7<br />

6<br />

Alabama<br />

Alaska<br />

Arizona<br />

Arkansas<br />

California<br />

Colorado<br />

Connecticut<br />

Delaware<br />

D.C.<br />

Florida<br />

Georgia<br />

Hawaii<br />

184 17<br />

7<br />

8<br />

Oregon<br />

Pennsylvania<br />

6" 21 4<br />

4 21<br />

16<br />

164 7<br />

7<br />

Idaho<br />

IJI<strong>in</strong>ois<br />

Rhode Island 7 16<br />

S<strong>out</strong>h Carol<strong>in</strong>a 7 168 S<strong>out</strong>h Dakota 7 164 <strong>Tennessee</strong> 7 163 Texas 7 17 4<br />

Utah 6 184 Vermont 7 164 Virg<strong>in</strong>ia 7 16<br />

Wash<strong>in</strong>gton 8 18<br />

West Virg<strong>in</strong>ia 7 16<br />

Wiscons<strong>in</strong> 7 164 Wyom<strong>in</strong>g 7 16<br />

2 2<br />

5 (on or before Sept. 15) 21 4<br />

5 (on or before Sept. I) 2<br />

4 21<br />

4 2<br />

5 (on or before Oct. 15) 204 5 204 H (;<br />

163 16<br />

16<br />

16<br />

16<br />

17<br />

164 (I<br />

7<br />

7<br />

7<br />

7<br />

7<br />

7<br />

6<br />

u<br />

5 (on or before Dec. I) 2<br />

5 (on or before Sept. I) 21<br />

6" (on or before Jan. 1) 2<br />

5<br />

164 164 7<br />

164 6<br />

7<br />

7<br />

7<br />

Indiana<br />

Iowa<br />

Kansas<br />

Kentucky<br />

Louisiana<br />

Ma<strong>in</strong>e<br />

Maryland<br />

Massachusetts<br />

Michigan<br />

M<strong>in</strong>nesota<br />

Mississippi<br />

Missouri<br />

(I To be determ<strong>in</strong>ed by state or loca<br />

7 No compulsory education require<br />

• Specified date upon which a pupil<br />

from <strong>school</strong> year to <strong>school</strong> year.<br />

N.B.: In approximately one-third o<br />

<strong>in</strong> adm<strong>in</strong>istrators discretion to alte<br />

sive age requirements.<br />

Source: Our analysis <strong>of</strong> state statut<br />

1 Unless otherwise specified. denotes age at which a pupil<br />

may attend K<strong>in</strong>dergarten provided one is available. An<br />

asterisk next to age denotes ent,·y <strong>in</strong>to Ist grade.<br />

2 Not specified <strong>in</strong> sources.<br />

3 Inclusive.<br />

4 Ambiguous as 10 whether <strong>in</strong>clusive or exclusive.<br />

5 Unless otherwise specified by footnote. age <strong>in</strong>dicated is<br />

exclusive.<br />

VI<br />

-J

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!