Advantages of Charter Schools

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 What Is a Public School?

A public school is a learning institution that is funded by federal, state, or local governments. These schools offer general educational opportunities to children who are in grades kindergarten through 12th grade.

Public schools may also offer extracurricular activities.

What Are Charter Schools?

A charter school is an independent educational alternative to a traditional public school. It functions under a contract with the state educational system to operate an independent school.

Charter schools are required to meet certain minimal educational requirements before they are provided with funds. Under the No Child Left Behind Act passed in 2001, a charter school is a legitimate alternative for parents if their current school is under corrective action or improvement.

Are Charter Schools Held Accountable Under NCLB?

Yes, charter schools must meet the minimum requirements of the No Child Left Behind Act (NCLB). Under this law, charter schools must provide qualified teachers, use proven methods of teaching, and satisfy other requirements.

It is important to note, however, that because charter schools operate independently from larger school districts, they can adapt to new technologies and academic programs more quickly.

How Are Charter Schools Funded?

Charter schools operate by both public and private funding. The United States Department of Education regularly awards grants for the operation of charter schools.

A potential charter school must provide a plan of design as well as clear objectives for its students. If the charter school maintains the required educational standards, they can continue to receive federal funding.

Do Charter Schools Provide Transportation?

School districts are required to use federal funds provided to pay for students who wish to transfer to charter schools. The NCLB Act was enacted to ensure that there are educational alternatives to schools that are in corrective action.

Transportation, however, is only required if the charter school is located in the same educational district as the student was previously located.

Are Charter Schools a Better Alternative?

Charter schools have numerous positive elements, including smaller class sizes and better parental involvement. Each parent, however, should visit a potential charter school and request to review its educational plan and objectives.

The charter school may not have an educational plan that fits their child’s needs. If an individual is experiencing problems with school districts, a charter school may provide them with a good alternative.

What Are the Advantages of Attending a Charter School?

There are several advantages that charter schools may provide over public schools, including, but not limited to:

  • Innovative teaching methods;
  • More availability to satisfy individual learning styles;
  • Community feel;
  • More accountability;
  • Increased parental participation; and
  • Higher test scores.

In addition, as noted above, the NCLB Act requires the school to provide qualified teachers in addition to satisfying other requirements.

Is it Illegal to Not Send Your Child to School?

Under the law, it is illegal for a parent not to send their child to school. Although the requirements for school attendance vary by state, each state has laws that require children to attend school.

These laws were originally enacted to protect children from being required to go to work at a young age. Typically, the manner in which a child is educated is not specified by state law.

This means that a parent or guardian may schools from many different types of schools, including:

  • Public school;
  • Private school;
  • Parochial school;
  • Charter school; or
  • Homeschool.

What type of school a child is sent to is up to their parents, so long as they are receiving their education by a certain age and that education satisfies the state educational standards. In addition, there are some states that have laws permitting parents to take their child out of school by a specific age for religious reasons.

For example, children who reside in Wisconsin and are raised in Amish families may leave school after the 8th grade.

What Is Educational Neglect?

In general, most individuals are familiar with the terms educational and neglect separately. However, the phrase educational neglect may not be what an individual assumes.

The concept of educational neglect is found in family law. It may be defined as the failure of a parent or a legal guardian to provide for their child’s basic educational needs. For example, when a child reaches a certain age that is typically mandated by the laws of their state, that child has to be enrolled in school, homeschooled, or provided with the necessary special education training.

It is totally up to the child’s parents or legal guardians to decide which method to use, as long as the child is learning by the required age. Although this rule usually applies to younger children, it can also apply to minors who are still dependent on their parents and who are under the age of majority in their state

The age of majority is typically 18 years old. However, the age may vary by state.

For example, in the State of Alabama, the age of majority is 19. It is important to note that educational neglect may be classified as a form of child neglect or child abuse under the law.

The main difference between neglect and abuse is that neglect typically happens accidentally, while abuse typically involves causing intentional harm. There are currently 24 states that have statutes that list educational neglect as a form of child abuse.

In order to prove that a parent or legal guardian is liable for educational neglect, an individual has to demonstrate that the parent or guardian failed to educate their child in a manner which is consistent with the requirements of their state.

Therefore, this standard may be subject to change and may also involve additional elements of proof, depending on the jurisdiction. In addition, each state has its own laws and procedures governing:

  • Age requirements;
  • Educational requirements; and
  • The factors that constitute educational neglect.

This means that educational neglect laws may vary depending on:

  • The circumstances of the case;
  • How the parents or guardians choose to raise their child; and
  • The educational neglect laws enacted in the jurisdiction.

What Are the Legal Consequences for Educational Neglect?

Generally, educational neglect may only apply to a child of a certain age. Although the age requirement may vary by state, most states impose an age requirement of between 7 and 14 years old.

In addition, there may be requirements for parents who homeschool their children. The majority of state statutes contain some type of legal penalties either under state child abuse laws or under a compulsory attendance statute.

Common examples of possible consequences for engaging in educational neglect include:

  • Reduction or loss of child visitation rights;
  • Increase of child visitation or child custody rights being awarded to the non-custodial parent;
  • Loss of court-ordered child custody rights; or
  • In extreme cases, criminal penalties.

Additionally, parents may face legal consequences for educational truancy. Truancy occurs when a child does not go to school for a period of time, even when their parents try to make them.

Although issues of educational truancy typically do not terminate a parent’s visitation or custody rights, if they become serious enough, a court may impose a time limit to address the problem. After that time limit expires, then the court may intervene and modify a child custody or visitation order.

Should I Hire an Attorney?

If you are considering putting your child in a charter school, it may be helpful to consult with a government lawyer. It is especially important to consult with a lawyer if you are having issues with a school district that is not willing to provide services to transfer your child to a charter school.

In addition, your attorney may be able to help ensure that potential charter schools receive adequate funding from federal resources given to states. As discussed above, you are required by law to ensure your child is in school and your attorney can help.

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