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