Rent 9780131119819 | Law and Ethics in Educational Leadership

Summary Table of Contents

For Graduate Level Law and Ethics courses in Educational Leadership Programs. Law and Ethics for School Administrators offers a real-world, problem-based approach that emphasizes application of the legal knowledge, ethical dispositions, and other skills necessary for successful school leadership. Case study scenarios are presented in a manner similar to the Educational Testing Service School Leaders Licensure Assessment (SLLA), which requires candidates to analyze the circumstances surrounding a dilemma, apply relevant standards-based knowledge... MORE to a decision, anticipate the possible consequences of action, and articulate a plan of action.

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

Law and�Ethics for School Administrators�offers a real-world, problem-based approach to legal and ethical issues that emphasizes application, standards and cases throughout. �Aligned with ELCC and ISLLC Standards, the book guides administrators as they face issues such as: education, religion and community values; privacy & First Amendment rights of students; students, due process, and safe schools; student search and seizure; equal protection; children and special needs; tort liability; teacher employment, supervision, and collective bargaining; teacher constitutional law; and computers and the Internet. Integrated examples, do�s and don�ts features, and case studies present legal and ethical dilemmas based on typical school issues and encourage the development of successful leadership skills.

The Importance of Ethical and Legal Decision Making

(16)

Introduction

(1)

Focus Questions

... MORE

(1)

Key Terms

(1)

Case Study: Tough Times Await at Riverboat

(1)

Connecting the ELCC Standards to Leadership

(1)

ELCC Conceptual Framework

(2)

Relating Law and Ethics to Educational Leadership

(1)

The Need for Ethical Leadership

(1)

Defining Ethical Leadership

(1)

Law, Ethics, and Decision Making

(1)

Types of Law

(1)

Applying Ethical Leadership

(4)

Combining Ethical and Legal Principles to Decision Making

(3)

Summary

(1)

Connecting Standards to Practice: Sharon's First Challenge

(2)

Suggested Performance Assessments

(1)

References

(2)

Legal Bodies Governing Education

(18)

Introduction

(1)

Focus Questions

(1)

Key Terms

(1)

Case Study: Decision of the Board

(1)

ELCC Standards Addressed in This Chapter

(1)

Leadership Perspectives

(1)

Education and the Legal Arena

(7)

Education Law in a Federalist Political System

(1)

Federal and State Constitutional Law

(1)

Statutory Law

(1)

State Boards of Education

(1)

Regulations

(1)

School Board Policy

(1)

Common Law

(2)

The Judicial System

(2)

Federal Courts

(2)

The U.S. Supreme Court

(1)

State Courts

(1)

Elements of a Court Decision

(3)

Writing Legal Briefs

(1)

Legal Citations

(1)

Sources of Law

(1)

Summary

(1)

Connecting Standards to Practice: Sharon's First Challenge

(1)

Suggested Performance Assessments

(1)

References

(2)

Education, Religion, and Community Values

(29)

Introduction

(1)

Focus Questions

(1)

Key Terms

(1)

Case Study: Mr. Hill's Classroom

(1)

ELCC Standards Addressed in This Chapter

(1)

Leadership Perspectives

(1)

Discourse Ethics: Resolving Issues of Conflicting Interests

(3)

Discourse Ethics and Cooperative School Culture

(2)

Public Schools and Religion

(1)

The Equal Access Act and Religious Expression

(3)

Viewpoint Discrimination

(1)

Facilities and Equal Access

(1)

Student Challenges to Equal Access

(1)

Boy Scouts of America Act

(1)

Curriculum

(3)

Class Projects or Assignments

(1)

Displays and Holidays

(1)

Home Schooling

(1)

State-Sponsored Religious Activities

(2)

Pledge of Allegiance

(1)

District-Sponsored Religious Activities

(1)

Murals, Signs, and Other School-Sponsored Speech

(1)

Students and Religious Expression

(4)

Student Prayer and Extracurricular Events

(1)

Student-Led Prayers at Graduation

(2)

Employees and Religious Expression

(3)

Employee Rights

(1)

Public Money and Private Schools

(1)

Vouchers

(1)

Summary

(1)

Connecting Standards to Practice: A Memorial Weight Room for Riverboat

(1)

Suggested Performance Assessments

(1)

References

(3)

Student Privacy and First Amendment Rights

(26)

Introduction

(1)

Focus Questions

(1)

Key Terms

(1)

Case Study: The Empire Considers Striking Back

(1)

ELCC Standards Addressed in This Chapter

(1)

Leadership Perspectives

(1)

Lifeworlds and Systems: Policies, People, and School Culture

(3)

People and Policy: A Fight for Dominance

(2)

Student Rights

(1)

Student Records

(3)

Directory Information

(1)

The Supreme Court and FERPA

(2)

Students and the First Amendment

(4)

Establishing Student First Amendment Rights

(1)

Disruptive Speech

(1)

School-Sponsored Speech

(1)

Tinker, Fraser, and Hazelwood Applied

(2)

Student Dress

(3)

School Uniforms

(1)

Gang Attire

(1)

Threats

(4)

Threat Assessment

(2)

Summary

(1)

Connecting Standards to Practice: Senior Shirts

(1)

Suggested Performance Assessments

(1)

References

(3)

Due Process and Safe Schools

(30)

Introduction

(1)

Focus Questions

(1)

Key Terms

(1)

Case Study: Megan Brings a Cake

(1)

ELCC Standards Addressed in This Chapter

(1)

Leadership Perspectives

(1)

Student Rights and the Well-Ordered School

(3)

The Idea of a Well-Ordered School

(2)

Due Process and the 14th Amendment

(5)

Procedural Due Process

(2)

Long-Term Suspension and Expulsion

(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)

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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