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Law and Ethics in Educational Leadership,9780131119819
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Law and Ethics in Educational Leadership

by
Edition:
1st
ISBN13:

9780131119819

ISBN10:
0131119818
Format:
Paperback
Pub. Date:
5/4/2006
Publisher(s):
Pearson
List Price: $86.80
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Summary

Law and Ethics in Educational Leadership Unique to this school law book for educational leaders is a strong ethics strand to compliment the school law theory and practice. Readers are also provided with practical guidance through ELCC and ISLLC Standards margin notes throughout each chapter, AUTHOR provided practical Dors"s and Donrs"ts tips, and exercises aligned with ELCC standards. The practical application of this text, its strong research base, and its alignment with professional standards make it a must have for future and current school administrators. Comments from reviewers of this text: "I appreciate the emphasis on applying appropriate leadership, legal and ethical standards in the educational contexthellip;This book combines the seemingly separate considerations of law, leadership, and ethics into a comprehensive discussion, supported by realistic scenarios with which the reader can easily identify." Samuel G. Della Vecchia, J.D. College of Education Towson University "hellip;the general focus of the project ishellip;melding school law and ethics. Administrators struggle with this all the time. You have laid a solid research base and have applied practicalityhellip;I believe you have taken many of the current themes and problems that are occurring in schools and have made them relevant and practical for the novice and experienced administrator." Harold S. Wright, Jr., Ph.D College of Graduate and Professional Studies University of Mary Washington

Table of Contents

The Importance of Ethical and Legal Decision Making
1(16)
Introduction
1(1)
Focus Questions
1(1)
Key Terms
1(1)
Case Study: Tough Times Await at Riverboat
2(1)
Connecting the ELCC Standards to Leadership
3(1)
ELCC Conceptual Framework
4(2)
Relating Law and Ethics to Educational Leadership
6(1)
The Need for Ethical Leadership
7(1)
Defining Ethical Leadership
8(1)
Law, Ethics, and Decision Making
8(1)
Types of Law
8(1)
Applying Ethical Leadership
9(4)
Combining Ethical and Legal Principles to Decision Making
10(3)
Summary
13(1)
Connecting Standards to Practice: Sharon's First Challenge
13(2)
Suggested Performance Assessments
15(1)
References
15(2)
Legal Bodies Governing Education
17(18)
Introduction
17(1)
Focus Questions
17(1)
Key Terms
17(1)
Case Study: Decision of the Board
18(1)
ELCC Standards Addressed in This Chapter
18(1)
Leadership Perspectives
19(1)
Education and the Legal Arena
19(7)
Education Law in a Federalist Political System
21(1)
Federal and State Constitutional Law
21(1)
Statutory Law
22(1)
State Boards of Education
23(1)
Regulations
23(1)
School Board Policy
23(1)
Common Law
24(2)
The Judicial System
26(2)
Federal Courts
26(2)
The U.S. Supreme Court
28(1)
State Courts
28(1)
Elements of a Court Decision
28(3)
Writing Legal Briefs
30(1)
Legal Citations
31(1)
Sources of Law
31(1)
Summary
32(1)
Connecting Standards to Practice: Sharon's First Challenge
32(1)
Suggested Performance Assessments
32(1)
References
33(2)
Education, Religion, and Community Values
35(29)
Introduction
35(1)
Focus Questions
35(1)
Key Terms
36(1)
Case Study: Mr. Hill's Classroom
36(1)
ELCC Standards Addressed in This Chapter
36(1)
Leadership Perspectives
37(1)
Discourse Ethics: Resolving Issues of Conflicting Interests
38(3)
Discourse Ethics and Cooperative School Culture
39(2)
Public Schools and Religion
41(1)
The Equal Access Act and Religious Expression
42(3)
Viewpoint Discrimination
43(1)
Facilities and Equal Access
44(1)
Student Challenges to Equal Access
44(1)
Boy Scouts of America Act
45(1)
Curriculum
45(3)
Class Projects or Assignments
47(1)
Displays and Holidays
47(1)
Home Schooling
48(1)
State-Sponsored Religious Activities
49(2)
Pledge of Allegiance
50(1)
District-Sponsored Religious Activities
50(1)
Murals, Signs, and Other School-Sponsored Speech
51(1)
Students and Religious Expression
51(4)
Student Prayer and Extracurricular Events
53(1)
Student-Led Prayers at Graduation
53(2)
Employees and Religious Expression
55(3)
Employee Rights
57(1)
Public Money and Private Schools
58(1)
Vouchers
58(1)
Summary
59(1)
Connecting Standards to Practice: A Memorial Weight Room for Riverboat
59(1)
Suggested Performance Assessments
60(1)
References
61(3)
Student Privacy and First Amendment Rights
64(26)
Introduction
64(1)
Focus Questions
64(1)
Key Terms
64(1)
Case Study: The Empire Considers Striking Back
65(1)
ELCC Standards Addressed in This Chapter
65(1)
Leadership Perspectives
66(1)
Lifeworlds and Systems: Policies, People, and School Culture
67(3)
People and Policy: A Fight for Dominance
68(2)
Student Rights
70(1)
Student Records
70(3)
Directory Information
71(1)
The Supreme Court and FERPA
71(2)
Students and the First Amendment
73(4)
Establishing Student First Amendment Rights
73(1)
Disruptive Speech
74(1)
School-Sponsored Speech
75(1)
Tinker, Fraser, and Hazelwood Applied
75(2)
Student Dress
77(3)
School Uniforms
79(1)
Gang Attire
79(1)
Threats
80(4)
Threat Assessment
82(2)
Summary
84(1)
Connecting Standards to Practice: Senior Shirts
85(1)
Suggested Performance Assessments
86(1)
References
87(3)
Due Process and Safe Schools
90(30)
Introduction
90(1)
Focus Questions
90(1)
Key Terms
90(1)
Case Study: Megan Brings a Cake
91(1)
ELCC Standards Addressed in This Chapter
91(1)
Leadership Perspectives
92(1)
Student Rights and the Well-Ordered School
93(3)
The Idea of a Well-Ordered School
94(2)
Due Process and the 14th Amendment
96(5)
Procedural Due Process
96(2)
Long-Term Suspension and Expulsion
98(2)
Substantive Due Process
100(1)
Corporal Punishment and Excessive Force
101(2)
Excessive Force
102(1)
Student Suspension or Expulsion for Off-Campus Behavior
103(2)
Weapons and School Safety
105(7)
Zero Tolerance as Public Policy
106(1)
Judicial Support for Zero Tolerance
106(1)
Consistency May Not Always Be Rational
107(1)
Weapons and Threat Assessment
108(4)
Extracurricular Activities
112(2)
Implications of Brentwood v. TSSAA
112(2)
Summary
114(1)
Connecting Standards to Practice: A Failure to Communicate?
114(1)
Suggested Performance Assessments
115(1)
References
116(4)
Student Search
120(25)
Introduction
120(1)
Focus Questions
120(1)
Key Terms
120(1)
Case Study: The Twenty Dollar Bill
121(1)
ELCC Standards Addressed in This Chapter
121(1)
Leadership Perspectives
122(1)
Utilitarianism: Student Searches and the Greater Good
123(3)
Applying Utility to Decision Making
125(1)
Students and the Fourth Amendment
126(3)
Field Trips and Overnight Stays
128(1)
Nonintrusive Searches
129(3)
Student Lockers
129(1)
Metal Detectors
130(1)
Drug Dogs
130(1)
Automobile Searches
131(1)
Law Enforcement
132(2)
Intrusive Searches
134(1)
Urinalysis Testing
135(4)
Random Urinalysis Testing
136(3)
Random Classroom Searches
139(1)
Mass Searches
140(1)
Summary
140(1)
Connecting Standards to Practice: To Test or Not to Test
141(1)
Suggested Performance Assessments
142(1)
References
143(2)
Equal Protection
145(32)
Introduction
145(1)
Focus Questions
145(1)
Key Terms
145(1)
Case Study: In All Fairness
146(1)
ELCC Standards Addressed in This Chapter
146(1)
Leadership Perspectives
147(1)
Justice as Fairness: Promoting Equality and Fraternity
148(2)
Fair Equality of Opportunity
148(1)
The Justification of Inequalities
148(2)
Equal Protection: A Legal Theory to Promote Basic Fairness
150(1)
Civil Rights Act
151(3)
Discriminatory Complaints
151(1)
Legal Remedies to Title VI Claims
151(2)
Equal Protection and Standards of Review
153(1)
A Brief History of Desegregation
154(6)
The End of an Era
158(1)
A Compelling State Interest
158(2)
Title IX
160(2)
Title IX and Athletics
160(1)
Title IX and Pregnancy
161(1)
Title IX and Sexual Harassment
162(5)
Liability under Title IX
163(1)
Student-on-Student Harassment
164(3)
Sexual Orientation Harassment
167(4)
LGBT Students and School Culture
167(1)
The Courts and Sexual Orientation Harassment
168(2)
The Heckler's Veto
170(1)
Teacher or Other Adult Harassment of LGBT Youth
170(1)
Summary
171(1)
Connecting Standards to Practice: The Devil in the Blue Dress
172(1)
Suggested Performance Assessments
173(1)
References
174(3)
Children with Disabilities (IDEIA)
177(31)
Introduction
177(1)
Focus Questions
177(1)
Key Terms
178(1)
Case Study: When Good Parents Go Bad
178(1)
ELCC Standards Addressed in This Chapter
179(1)
Leadership Perspective
180(1)
Children with Disabilities and Cooperative School Cultures
181(4)
Assessing School Culture
183(2)
IDEIA and Children with Disabilities
185(1)
Zero Reject/Child Find
186(1)
Nondiscriminatory Evaluation
187(1)
Appropriate Education (Individual Education Plan)
188(5)
Providing a FAPE
190(1)
Related and Supplemental Services
190(1)
Medication
191(1)
State Tests and Graduation
192(1)
Least Restrictive Environment (LRE)
193(2)
The LRE
194(1)
Private School Placement
194(1)
Procedural Safeguards
195(3)
Mediation
196(1)
Hearing Officer
196(2)
Judicial Review and Attorneys' Fees
198(1)
Student Discipline
198(5)
Manifestation Determination Reviews
199(1)
Functional Behavioral Assessments
199(2)
Behavioral Intervention Plan
201(1)
Hearing Officer Authority
201(1)
School Safety
202(1)
Children Not Identified
203(1)
Referral to Law Enforcement
203(1)
Parent and Student Participation
203(1)
Section 504 of the Rehabilitation Act of 1973
203(1)
Summary
204(1)
Connecting Standards to Practice: The Case of the Riverboat High School Cat Burglar
204(2)
Suggested Performance Assessments
206(1)
References
206(2)
Tort Liability and Risk Management
208(27)
Introduction
208(1)
Focus Questions
209(1)
Key Terms
209(1)
Case Study: The Big Game
209(1)
ELCC Standards Addressed in This Chapter
210(1)
Leadership Perspectives
211(1)
The Purpose of Policy
211(1)
The Law of Torts
212(1)
Negligence
213(13)
Duty
214(1)
Breach
215(2)
Cause-in-Fact Causation
217(1)
Proximate Causation
218(1)
Damages
219(2)
Defenses to Negligence
221(1)
Contributory or Comparative Negligence
221(1)
Assumption of Risk
222(2)
Sovereign Immunity
224(1)
Statutory Immunity
225(1)
Intentional Torts
226(3)
Battery
226(1)
Assault
227(1)
False Imprisonment
228(1)
Intentional Infliction of Emotional Distress
228(1)
Managing the Risk of Tort Liability
229(3)
Insurance
229(1)
Behavior Regulation
230(1)
Facility Inspection and Management
231(1)
A Contemporary Tort Debate: Student-on-Student Violence
232(1)
Summary
233(1)
Connecting Standards to Practice: Slip-and-Fall at Riverboat
233(1)
Suggested Performance Assessments
234(1)
References
234(1)
Teacher Employment, Supervision, and Collective Bargaining
235(37)
Introduction
235(1)
Focus Questions
235(1)
Key Terms
236(1)
Case Study: Union Blues
236(1)
ELCC Standards Addressed in This Chapter
237(1)
Leadership Perspectives
238(1)
Utilitarianism and Employment Practices
239(3)
Legal Issues in Employment
242(1)
Certification and Licensure
242(1)
Contracts
243(3)
Types of Contracts
244(2)
Teacher Supervision
246(9)
Remediation
246(1)
Documentation of Performance
246(3)
Grounds for Dismissal of Continuing Contract Teachers
249(4)
Due Process
253(1)
Investigations of Employee Misconduct
253(2)
Employment Practices
255(9)
Title VII
255(1)
Sexual Harassment
256(1)
Same-Sex Sexual Harassment
256(1)
Ethnic or Religious Discrimination or Harassment
257(1)
Americans with Disabilities Act
257(1)
Key Federal Discrimination Legislation
257(2)
Recruiting and Selecting Employees
259(1)
Affirmative Action
260(1)
Negligent Hiring/Retention and Nondisclosure Agreements
261(2)
Employee Benefits
263(1)
Collective Bargaining and Negotiations
264(3)
The Negotiation Process
266(1)
Summary
267(1)
Connecting Standards to Practice: Sealed with a Kiss?
268(1)
Suggested Performance Assessments
269(1)
References
269(3)
Teacher Constitutional Law
272(28)
Introduction
272(1)
Focus Questions
272(1)
Key Terms
273(1)
Case Study: The Searchers
273(1)
ELCC Standards Addressed in This Chapter
274(1)
Leadership Perspectives
275(1)
Discourse Ethics: Promoting a Cooperative School Culture
275(3)
School Cultures and Levels of Cooperation
277(1)
The Constitutional Rights of Teachers
278(1)
First Amendment Rights
279(10)
Academic Freedom
279(3)
Freedom of Expression
282(2)
Pickering, Mt. Healthy, and Connick Applied
284(1)
The Pickering-Connick Test
284(2)
Retaliation: The Mt. Healthy Test
286(3)
Defamation
289(2)
Job-Related Communication
290(1)
Teachers and Their Private Associations
291(2)
Fourth Amendment Rights
293(3)
Drug Testing
293(1)
Random Drug Testing
294(2)
Summary
296(1)
Connecting Standards to Practice: Ebony and Ivory
296(1)
Suggested Performance Assessments
297(1)
References
298(2)
Computers and the Internet
300(26)
Introduction
300(1)
Focus Questions
300(1)
Key Terms
301(1)
Technology Standards for School Administrators (TSSA)
301(1)
Case Study: Do Alligators Remain After the Swamp Has Been Drained?
301(1)
Leadership Perspectives
302(1)
Technology and the Greater Good
303(3)
Application of Utilitarian Principles
304(2)
Computers, the Internet, and the Law
306(1)
Statutory Protections
307(3)
Child Online Privacy Protection Act
307(1)
Child Online Protection Act
307(1)
Children's Internet Protection Act
307(1)
Protection of Pupil Rights Amendment
308(1)
Family Educational Rights and Privacy Act
309(1)
Parent Rights
309(1)
Acceptable Use, Copyright, and Public Domain
310(4)
Acceptable Use Policies
310(1)
Copyright
311(1)
Fair Use
312(1)
Teachers and Intellectual Property
313(1)
First Amendment
314(6)
Students
315(4)
Teachers and the Internet
319(1)
Fourth Amendment
320(1)
Summary
321(1)
Connecting Standards to Practice: Rate-A-Teach
321(2)
Suggested Performance Assessments
323(1)
References
324(2)
Law, Ethics, and Educational Leadership: Making the Connection
326(9)
Introduction
326(1)
Focus Questions
326(1)
Case Study: So Little Time, So Many Detentions
326(1)
Leadership Perspectives
327(5)
What's Legal and What's Right (or Wrong)
328(1)
Policy and People
329(1)
Order and Freedom
330(1)
Privacy and Safety
330(1)
Equality and Inequality
330(1)
Facilitator and Decision Maker
331(1)
Responding to Conflict
332(1)
Summary
332(1)
Connecting Standards to Practice: Cyber-Rumor
332(2)
Suggested Performance Assessments
334(1)
References
334(1)
Appendix A Amendments to the Constitution of the United States of America 335(8)
Glossary 343(8)
Index 351


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