The Importance of Ethical and Legal Decision Making p. 1 Introduction p. 1 Focus Questions p. 1 Key Terms p. 1 Case Study: Tough Times Await at

Transcription

1 The Importance of Ethical and Legal Decision Making p. 1 Introduction p. 1 Focus Questions p. 1 Key Terms p. 1 Case Study: Tough Times Await at Riverboat p. 2 Connecting the ELCC Standards to Leadership p. 3 ELCC Conceptual Framework p. 4 Relating Law and Ethics to Educational Leadership p. 6 The Need for Ethical Leadership p. 7 Defining Ethical Leadership p. 8 Law, Ethics, and Decision Making p. 8 Types of Law p. 8 Applying Ethical Leadership p. 9 Combining Ethical and Legal Principles to Decision Making p. 10 Summary p. 13 Connecting Standards to Practice: Sharon's First Challenge p. 13 Suggested Performance Assessments p. 15 References p. 15 Legal Bodies Governing Education p. 17 Introduction p. 17 Focus Questions p. 17 Key Terms p. 17 Case Study: Decision of the Board p. 18 ELCC Standards Addressed in This Chapter p. 18 Leadership Perspectives p. 19 Education and the Legal Arena p. 19 Education Law in a Federalist Political System p. 21 Federal and State Constitutional Law p. 21 Statutory Law p. 22 State Boards of Education p. 23 Regulations p. 23 School Board Policy p. 23 Common Law p. 24 The Judicial System p. 26 Federal Courts p. 26 The U.S. Supreme Court p. 28 State Courts p. 28 Elements of a Court Decision p. 28 Writing Legal Briefs p. 30 Legal Citations p. 31 Sources of Law p. 31

2 Summary p. 32 Connecting Standards to Practice: Sharon's First Challenge p. 32 Suggested Performance Assessments p. 32 References p. 33 Education, Religion, and Community Values p. 35 Introduction p. 35 Focus Questions p. 35 Key Terms p. 36 Case Study: Mr. Hill's Classroom p. 36 ELCC Standards Addressed in This Chapter p. 36 Leadership Perspectives p. 37 Discourse Ethics: Resolving Issues of Conflicting Interests p. 38 Discourse Ethics and Cooperative School Culture p. 39 Public Schools and Religion p. 41 The Equal Access Act and Religious Expression p. 42 Viewpoint Discrimination p. 43 Facilities and Equal Access p. 44 Student Challenges to Equal Access p. 44 Boy Scouts of America Act p. 45 Curriculum p. 45 Class Projects or Assignments p. 47 Displays and Holidays p. 47 Home Schooling p. 48 State-Sponsored Religious Activities p. 49 Pledge of Allegiance p. 50 District-Sponsored Religious Activities p. 50 Murals, Signs, and Other School-Sponsored Speech p. 51 Students and Religious Expression p. 51 Student Prayer and Extracurricular Events p. 53 Student-Led Prayers at Graduation p. 53 Employees and Religious Expression p. 55 Employee Rights p. 57 Public Money and Private Schools p. 58 Vouchers p. 58 Summary p. 59 Connecting Standards to Practice: A Memorial Weight Room for Riverboat p. 59 Suggested Performance Assessments p. 60 References p. 61 Student Privacy and First Amendment Rights p. 64 Introduction p. 64 Focus Questions p. 64

3 Key Terms p. 64 Case Study: The Empire Considers Striking Back p. 65 ELCC Standards Addressed in This Chapter p. 65 Leadership Perspectives p. 66 Lifeworlds and Systems: Policies, People, and School Culture p. 67 People and Policy: A Fight for Dominance p. 68 Student Rights p. 70 Student Records p. 70 Directory Information p. 71 The Supreme Court and FERPA p. 71 Students and the First Amendment p. 73 Establishing Student First Amendment Rights p. 73 Disruptive Speech p. 74 School-Sponsored Speech p. 75 Tinker, Fraser, and Hazelwood Applied p. 75 Student Dress p. 77 School Uniforms p. 79 Gang Attire p. 79 Threats p. 80 Threat Assessment p. 82 Summary p. 84 Connecting Standards to Practice: Senior Shirts p. 85 Suggested Performance Assessments p. 86 References p. 87 Due Process and Safe Schools p. 90 Introduction p. 90 Focus Questions p. 90 Key Terms p. 90 Case Study: Megan Brings a Cake p. 91 ELCC Standards Addressed in This Chapter p. 91 Leadership Perspectives p. 92 Student Rights and the Well-Ordered School p. 93 The Idea of a Well-Ordered School p. 94 Due Process and the 14th Amendment p. 96 Procedural Due Process p. 96 Long-Term Suspension and Expulsion p. 98 Substantive Due Process p. 100 Corporal Punishment and Excessive Force p. 101 Excessive Force p. 102 Student Suspension or Expulsion for Off-Campus Behavior p. 103 Weapons and School Safety p. 105

4 Zero Tolerance as Public Policy p. 106 Judicial Support for Zero Tolerance p. 106 Consistency May Not Always Be Rational p. 107 Weapons and Threat Assessment p. 108 Extracurricular Activities p. 112 Implications of Brentwood v. TSSAA p. 112 Summary p. 114 Connecting Standards to Practice: A Failure to Communicate? p. 114 Suggested Performance Assessments p. 115 References p. 116 Student Search p. 120 Introduction p. 120 Focus Questions p. 120 Key Terms p. 120 Case Study: The Twenty Dollar Bill p. 121 ELCC Standards Addressed in This Chapter p. 121 Leadership Perspectives p. 122 Utilitarianism: Student Searches and the Greater Good p. 123 Applying Utility to Decision Making p. 125 Students and the Fourth Amendment p. 126 Field Trips and Overnight Stays p. 128 Nonintrusive Searches p. 129 Student Lockers p. 129 Metal Detectors p. 130 Drug Dogs p. 130 Automobile Searches p. 131 Law Enforcement p. 132 Intrusive Searches p. 134 Urinalysis Testing p. 135 Random Urinalysis Testing p. 136 Random Classroom Searches p. 139 Mass Searches p. 140 Summary p. 140 Connecting Standards to Practice: To Test or Not to Test p. 141 Suggested Performance Assessments p. 142 References p. 143 Equal Protection p. 145 Introduction p. 145 Focus Questions p. 145 Key Terms p. 145 Case Study: In All Fairness p. 146

5 ELCC Standards Addressed in This Chapter p. 146 Leadership Perspectives p. 147 Justice as Fairness: Promoting Equality and Fraternity p. 148 Fair Equality of Opportunity p. 148 The Justification of Inequalities p. 148 Equal Protection: A Legal Theory to Promote Basic Fairness p. 150 Civil Rights Act p. 151 Discriminatory Complaints p. 151 Legal Remedies to Title VI Claims p. 151 Equal Protection and Standards of Review p. 153 A Brief History of Desegregation p. 154 The End of an Era p. 158 A Compelling State Interest p. 158 Title IX p. 160 Title IX and Athletics p. 160 Title IX and Pregnancy p. 161 Title IX and Sexual Harassment p. 162 Liability under Title IX p. 163 Student-on-Student Harassment p. 164 Sexual Orientation Harassment p. 167 LGBT Students and School Culture p. 167 The Courts and Sexual Orientation Harassment p. 168 The Heckler's Veto p. 170 Teacher or Other Adult Harassment of LGBT Youth p. 170 Summary p. 171 Connecting Standards to Practice: The Devil in the Blue Dress p. 172 Suggested Performance Assessments p. 173 References p. 174 Children with Disabilities (IDEIA) p. 177 Introduction p. 177 Focus Questions p. 177 Key Terms p. 178 Case Study: When Good Parents Go Bad p. 178 ELCC Standards Addressed in This Chapter p. 179 Leadership Perspective p. 180 Children with Disabilities and Cooperative School Cultures p. 181 Assessing School Culture p. 183 IDEIA and Children with Disabilities p. 185 Zero Reject/Child Find p. 186 Nondiscriminatory Evaluation p. 187 Appropriate Education (Individual Education Plan) p. 188

6 Providing a FAPE p. 190 Related and Supplemental Services p. 190 Medication p. 191 State Tests and Graduation p. 192 Least Restrictive Environment (LRE) p. 193 The LRE p. 194 Private School Placement p. 194 Procedural Safeguards p. 195 Mediation p. 196 Hearing Officer p. 196 Judicial Review and Attorneys' Fees p. 198 Student Discipline p. 198 Manifestation Determination Reviews p. 199 Functional Behavioral Assessments p. 199 Behavioral Intervention Plan p. 201 Hearing Officer Authority p. 201 School Safety p. 202 Children Not Identified p. 203 Referral to Law Enforcement p. 203 Parent and Student Participation p. 203 Section 504 of the Rehabilitation Act of 1973 p. 203 Summary p. 204 Connecting Standards to Practice: The Case of the Riverboat High School Cat Burglar p. 204 Suggested Performance Assessments p. 206 References p. 206 Tort Liability and Risk Management p. 208 Introduction p. 208 Focus Questions p. 209 Key Terms p. 209 Case Study: The Big Game p. 209 ELCC Standards Addressed in This Chapter p. 210 Leadership Perspectives p. 211 The Purpose of Policy p. 211 The Law of Torts p. 212 Negligence p. 213 Duty p. 214 Breach p. 215 Cause-in-Fact Causation p. 217 Proximate Causation p. 218 Damages p. 219 Defenses to Negligence p. 221

7 Contributory or Comparative Negligence p. 221 Assumption of Risk p. 222 Sovereign Immunity p. 224 Statutory Immunity p. 225 Intentional Torts p. 226 Battery p. 226 Assault p. 227 False Imprisonment p. 228 Intentional Infliction of Emotional Distress p. 228 Managing the Risk of Tort Liability p. 229 Insurance p. 229 Behavior Regulation p. 230 Facility Inspection and Management p. 231 A Contemporary Tort Debate: Student-on-Student Violence p. 232 Summary p. 233 Connecting Standards to Practice: Slip-and-Fall at Riverboat p. 233 Suggested Performance Assessments p. 234 References p. 234 Teacher Employment, Supervision, and Collective Bargaining p. 235 Introduction p. 235 Focus Questions p. 235 Key Terms p. 236 Case Study: Union Blues p. 236 ELCC Standards Addressed in This Chapter p. 237 Leadership Perspectives p. 238 Utilitarianism and Employment Practices p. 239 Legal Issues in Employment p. 242 Certification and Licensure p. 242 Contracts p. 243 Types of Contracts p. 244 Teacher Supervision p. 246 Remediation p. 246 Documentation of Performance p. 246 Grounds for Dismissal of Continuing Contract Teachers p. 249 Due Process p. 253 Investigations of Employee Misconduct p. 253 Employment Practices p. 255 Title VII p. 255 Sexual Harassment p. 256 Same-Sex Sexual Harassment p. 256 Ethnic or Religious Discrimination or Harassment p. 257

8 Americans with Disabilities Act p. 257 Key Federal Discrimination Legislation p. 257 Recruiting and Selecting Employees p. 259 Affirmative Action p. 260 Negligent Hiring/Retention and Nondisclosure Agreements p. 261 Employee Benefits p. 263 Collective Bargaining and Negotiations p. 264 The Negotiation Process p. 266 Summary p. 267 Connecting Standards to Practice: Sealed with a Kiss? p. 268 Suggested Performance Assessments p. 269 References p. 269 Teacher Constitutional Law p. 272 Introduction p. 272 Focus Questions p. 272 Key Terms p. 273 Case Study: The Searchers p. 273 ELCC Standards Addressed in This Chapter p. 274 Leadership Perspectives p. 275 Discourse Ethics: Promoting a Cooperative School Culture p. 275 School Cultures and Levels of Cooperation p. 277 The Constitutional Rights of Teachers p. 278 First Amendment Rights p. 279 Academic Freedom p. 279 Freedom of Expression p. 282 Pickering, Mt. Healthy, and Connick Applied p. 284 The Pickering-Connick Test p. 284 Retaliation: The Mt. Healthy Test p. 286 Defamation p. 289 Job-Related Communication p. 290 Teachers and Their Private Associations p. 291 Fourth Amendment Rights p. 293 Drug Testing p. 293 Random Drug Testing p. 294 Summary p. 296 Connecting Standards to Practice: Ebony and Ivory p. 296 Suggested Performance Assessments p. 297 References p. 298 Computers and the Internet p. 300 Introduction p. 300 Focus Questions p. 300

9 Key Terms p. 301 Technology Standards for School Administrators (TSSA) p. 301 Case Study: Do Alligators Remain After the Swamp Has Been Drained? p. 301 Leadership Perspectives p. 302 Technology and the Greater Good p. 303 Application of Utilitarian Principles p. 304 Computers, the Internet, and the Law p. 306 Statutory Protections p. 307 Child Online Privacy Protection Act p. 307 Child Online Protection Act p. 307 Children's Internet Protection Act p. 307 Protection of Pupil Rights Amendment p. 308 Family Educational Rights and Privacy Act p. 309 Parent Rights p. 309 Acceptable Use, Copyright, and Public Domain p. 310 Acceptable Use Policies p. 310 Copyright p. 311 Fair Use p. 312 Teachers and Intellectual Property p. 313 First Amendment p. 314 Students p. 315 Teachers and the Internet p. 319 Fourth Amendment p. 320 Summary p. 321 Connecting Standards to Practice: Rate-A-Teach p. 321 Suggested Performance Assessments p. 323 References p. 324 Law, Ethics, and Educational Leadership: Making the Connection p. 326 Introduction p. 326 Focus Questions p. 326 Case Study: So Little Time, So Many Detentions p. 326 Leadership Perspectives p. 327 What's Legal and What's Right (or Wrong) p. 328 Policy and People p. 329 Order and Freedom p. 330 Privacy and Safety p. 330 Equality and Inequality p. 330 Facilitator and Decision Maker p. 331 Responding to Conflict p. 332 Summary p. 332 Connecting Standards to Practice: Cyber-Rumor p. 332

10 Suggested Performance Assessments p. 334 References p. 334 Amendments to the Constitution of the United States of America p. 335 Glossary p. 343 Index p. 351 Table of Contents provided by Blackwell's Book Services and R.R. Bowker. Used with permission.