Law and Ethics in Educational Leadership

by Stader, David L.

• ISBN13: 9780131119819
• ISBN10: 0131119818
• Edition: 1st
• Format: Paperback
• Copyright: 2006-05-04
• Publisher: Pearson

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