Law and Ethics in Educational Leadership

ISBN-10: 0131119818
ISBN-13: 9780131119819
Edition: 2007
Authors: David L. Stader
List price: $86.80
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Description: 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  More...

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Book details

List price: $86.80
Copyright year: 2007
Publisher: Prentice Hall PTR
Publication date: 5/4/2006
Binding: Paperback
Pages: 384
Size: 7.75" wide x 9.00" long x 0.75" tall
Weight: 1.298
Language: English

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 Dorsquo;s and Donrsquo;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: ldquo;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.rdquo; Samuel G. Della Vecchia, J.D. College of Education Towson University ldquo;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.rdquo; Harold S. Wright, Jr., Ph.D College of Graduate and Professional Studies University of Mary Washington

The Importance of Ethical and Legal Decision Making
Introduction
Focus Questions
Key Terms
Case Study: Tough Times Await at Riverboat
Connecting the ELCC Standards to Leadership
ELCC Conceptual Framework
Relating Law and Ethics to Educational Leadership
The Need for Ethical Leadership
Defining Ethical Leadership
Law, Ethics, and Decision Making
Types of Law
Applying Ethical Leadership
Combining Ethical and Legal Principles to Decision Making
Summary
Connecting Standards to Practice: Sharon's First Challenge
Suggested Performance Assessments
References
Legal Bodies Governing Education
Introduction
Focus Questions
Key Terms
Case Study: Decision of the Board
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Education and the Legal Arena
Education Law in a Federalist Political System
Federal and State Constitutional Law
Statutory Law
State Boards of Education
Regulations
School Board Policy
Common Law
The Judicial System
Federal Courts
The U.S. Supreme Court
State Courts
Elements of a Court Decision
Writing Legal Briefs
Legal Citations
Sources of Law
Summary
Connecting Standards to Practice: Sharon's First Challenge
Suggested Performance Assessments
References
Education, Religion, and Community Values
Introduction
Focus Questions
Key Terms
Case Study: Mr. Hill's Classroom
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Discourse Ethics: Resolving Issues of Conflicting Interests
Discourse Ethics and Cooperative School Culture
Public Schools and Religion
The Equal Access Act and Religious Expression
Viewpoint Discrimination
Facilities and Equal Access
Student Challenges to Equal Access
Boy Scouts of America Act
Curriculum
Class Projects or Assignments
Displays and Holidays
Home Schooling
State-Sponsored Religious Activities
Pledge of Allegiance
District-Sponsored Religious Activities
Murals, Signs, and Other School-Sponsored Speech
Students and Religious Expression
Student Prayer and Extracurricular Events
Student-Led Prayers at Graduation
Employees and Religious Expression
Employee Rights
Public Money and Private Schools
Vouchers
Summary
Connecting Standards to Practice: A Memorial Weight Room for Riverboat
Suggested Performance Assessments
References
Student Privacy and First Amendment Rights
Introduction
Focus Questions
Key Terms
Case Study: The Empire Considers Striking Back
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Lifeworlds and Systems: Policies, People, and School Culture
People and Policy: A Fight for Dominance
Student Rights
Student Records
Directory Information
The Supreme Court and FERPA
Students and the First Amendment
Establishing Student First Amendment Rights
Disruptive Speech
School-Sponsored Speech
Tinker, Fraser, and Hazelwood Applied
Student Dress
School Uniforms
Gang Attire
Threats
Threat Assessment
Summary
Connecting Standards to Practice: Senior Shirts
Suggested Performance Assessments
References
Due Process and Safe Schools
Introduction
Focus Questions
Key Terms
Case Study: Megan Brings a Cake
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Student Rights and the Well-Ordered School
The Idea of a Well-Ordered School
Due Process and the 14th Amendment
Procedural Due Process
Long-Term Suspension and Expulsion
Substantive Due Process
Corporal Punishment and Excessive Force
Excessive Force
Student Suspension or Expulsion for Off-Campus Behavior
Weapons and School Safety
Zero Tolerance as Public Policy
Judicial Support for Zero Tolerance
Consistency May Not Always Be Rational
Weapons and Threat Assessment
Extracurricular Activities
Implications of Brentwood v. TSSAA
Summary
Connecting Standards to Practice: A Failure to Communicate?
Suggested Performance Assessments
References
Student Search
Introduction
Focus Questions
Key Terms
Case Study: The Twenty Dollar Bill
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Utilitarianism: Student Searches and the Greater Good
Applying Utility to Decision Making
Students and the Fourth Amendment
Field Trips and Overnight Stays
Nonintrusive Searches
Student Lockers
Metal Detectors
Drug Dogs
Automobile Searches
Law Enforcement
Intrusive Searches
Urinalysis Testing
Random Urinalysis Testing
Random Classroom Searches
Mass Searches
Summary
Connecting Standards to Practice: To Test or Not to Test
Suggested Performance Assessments
References
Equal Protection
Introduction
Focus Questions
Key Terms
Case Study: In All Fairness
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Justice as Fairness: Promoting Equality and Fraternity
Fair Equality of Opportunity
The Justification of Inequalities
Equal Protection: A Legal Theory to Promote Basic Fairness
Civil Rights Act
Discriminatory Complaints
Legal Remedies to Title VI Claims
Equal Protection and Standards of Review
A Brief History of Desegregation
The End of an Era
A Compelling State Interest
Title IX
Title IX and Athletics
Title IX and Pregnancy
Title IX and Sexual Harassment
Liability under Title IX
Student-on-Student Harassment
Sexual Orientation Harassment
LGBT Students and School Culture
The Courts and Sexual Orientation Harassment
The Heckler's Veto
Teacher or Other Adult Harassment of LGBT Youth
Summary
Connecting Standards to Practice: The Devil in the Blue Dress
Suggested Performance Assessments
References
Children with Disabilities (IDEIA)
Introduction
Focus Questions
Key Terms
Case Study: When Good Parents Go Bad
ELCC Standards Addressed in This Chapter
Leadership Perspective
Children with Disabilities and Cooperative School Cultures
Assessing School Culture
IDEIA and Children with Disabilities
Zero Reject/Child Find
Nondiscriminatory Evaluation
Appropriate Education (Individual Education Plan)
Providing a FAPE
Related and Supplemental Services
Medication
State Tests and Graduation
Least Restrictive Environment (LRE)
The LRE
Private School Placement
Procedural Safeguards
Mediation
Hearing Officer
Judicial Review and Attorneys' Fees
Student Discipline
Manifestation Determination Reviews
Functional Behavioral Assessments
Behavioral Intervention Plan
Hearing Officer Authority
School Safety
Children Not Identified
Referral to Law Enforcement
Parent and Student Participation
Section 504 of the Rehabilitation Act of 1973
Summary
Connecting Standards to Practice: The Case of the Riverboat High School Cat Burglar
Suggested Performance Assessments
References
Tort Liability and Risk Management
Introduction
Focus Questions
Key Terms
Case Study: The Big Game
ELCC Standards Addressed in This Chapter
Leadership Perspectives
The Purpose of Policy
The Law of Torts
Negligence
Duty
Breach
Cause-in-Fact Causation
Proximate Causation
Damages
Defenses to Negligence
Contributory or Comparative Negligence
Assumption of Risk
Sovereign Immunity
Statutory Immunity
Intentional Torts
Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress
Managing the Risk of Tort Liability
Insurance
Behavior Regulation
Facility Inspection and Management
A Contemporary Tort Debate: Student-on-Student Violence
Summary
Connecting Standards to Practice: Slip-and-Fall at Riverboat
Suggested Performance Assessments
References
Teacher Employment, Supervision, and Collective Bargaining
Introduction
Focus Questions
Key Terms
Case Study: Union Blues
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Utilitarianism and Employment Practices
Legal Issues in Employment
Certification and Licensure
Contracts
Types of Contracts
Teacher Supervision
Remediation
Documentation of Performance
Grounds for Dismissal of Continuing Contract Teachers
Due Process
Investigations of Employee Misconduct
Employment Practices
Title VII
Sexual Harassment
Same-Sex Sexual Harassment
Ethnic or Religious Discrimination or Harassment
Americans with Disabilities Act
Key Federal Discrimination Legislation
Recruiting and Selecting Employees
Affirmative Action
Negligent Hiring/Retention and Nondisclosure Agreements
Employee Benefits
Collective Bargaining and Negotiations
The Negotiation Process
Summary
Connecting Standards to Practice: Sealed with a Kiss?
Suggested Performance Assessments
References
Teacher Constitutional Law
Introduction
Focus Questions
Key Terms
Case Study: The Searchers
ELCC Standards Addressed in This Chapter
Leadership Perspectives
Discourse Ethics: Promoting a Cooperative School Culture
School Cultures and Levels of Cooperation
The Constitutional Rights of Teachers
First Amendment Rights
Academic Freedom
Freedom of Expression
Pickering, Mt. Healthy, and Connick Applied
The Pickering-Connick Test
Retaliation: The Mt. Healthy Test
Defamation
Job-Related Communication
Teachers and Their Private Associations
Fourth Amendment Rights
Drug Testing
Random Drug Testing
Summary
Connecting Standards to Practice: Ebony and Ivory
Suggested Performance Assessments
References
Computers and the Internet
Introduction
Focus Questions
Key Terms
Technology Standards for School Administrators (TSSA)
Case Study: Do Alligators Remain After the Swamp Has Been Drained?
Leadership Perspectives
Technology and the Greater Good
Application of Utilitarian Principles
Computers, the Internet, and the Law
Statutory Protections
Child Online Privacy Protection Act
Child Online Protection Act
Children's Internet Protection Act
Protection of Pupil Rights Amendment
Family Educational Rights and Privacy Act
Parent Rights
Acceptable Use, Copyright, and Public Domain
Acceptable Use Policies
Copyright
Fair Use
Teachers and Intellectual Property
First Amendment
Students
Teachers and the Internet
Fourth Amendment
Summary
Connecting Standards to Practice: Rate-A-Teach
Suggested Performance Assessments
References
Law, Ethics, and Educational Leadership: Making the Connection
Introduction
Focus Questions
Case Study: So Little Time, So Many Detentions
Leadership Perspectives
What's Legal and What's Right (or Wrong)
Policy and People
Order and Freedom
Privacy and Safety
Equality and Inequality
Facilitator and Decision Maker
Responding to Conflict
Summary
Connecting Standards to Practice: Cyber-Rumor
Suggested Performance Assessments
References
Amendments to the Constitution of the United States of America
Glossary
Index

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