The conceptual framework contains four core concepts, which are themes... organize and deliver our programs; hence they are central to... COE Conceptual Development and Knowledge Base

The conceptual framework contains four core concepts, which are themes... organize and deliver our programs; hence they are central to... COE Conceptual Development and Knowledge Base

1
COE Conceptual Development and Knowledge Base
The conceptual framework contains four core concepts, which are themes through which we
organize and deliver our programs; hence they are central to our vision of professional
educators and scholars. These include:
 Interculturalism
 Interrelatedness
 Inquiry
 Pedagogical Leadership
College of Education (COE) Mission Statement
 To prepare highly skilled professionals to assume roles and positions in teaching,
research, educational leadership, and human development.
 To provide undergraduate and graduate programs based on proven best practice,
knowledge acquisition, reflective inquiry, critical thinking, and respect for the cultural
and linguistically diverse learner.
 To continuously develop a dynamic local, state, national, and international, dimension
that promotes innovations and contributes to scientific educational, economic, and
social change.
College of Education (COE) Vision Statement
The vision of the College of Education is to be consistently recognized as fully-accredited
and as a nationally and internationally respected college in the areas of science,
mathematics, educational technology and intercultural dimension (language, literacy,
culture and interdisciplinary studies in regard to preparing teachers, counselors,
administrators, educational researchers, and professional at all levels, not only for the
school system but for other economical and service areas which require training, human
resources, development and life-long learning.
2
Teacher preparation programs of the College of Education will be central to the mission of
the University and will have national prominence. It will be at the forefront in programs for
English Language Learners and, through teacher preparation, P-16 and life-long education
initiatives will be a model for helping to close the student achievement gap.
All of these will require the COE to be noted for the quality of its graduates, the scholarship
of its faculty, and the leadership and service they provide to the local, regional, and national
educational communities in the previously mentioned areas.
Note: Be advised that the College of Education conducts ongoing research regarding the effectiveness of the
programs. You will receive one survey in the final semester prior to graduation regarding the operations of the
unit during your time here. A second survey will occur within one year following graduation from or completion of
a program, and will be sent to your employer. This survey will focus on the preparation received at UTB/TSC.
Please remember that your response to these surveys is critical to UTB/TSC excellence.
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EDLR 6385, Public School Law
Spring 2013
Prerequisites:
EDLR 6384 and EDLR 6301. Lec 3, Cr 3
College of Education
Department of Educational Psychology and Leadership Studies
Instructor:
A. N. Vallado, EdD
EDBC 2.210
(956) 882-7670 (Office)
(956) 434-1232( Cell)
[email protected]
Office Hours: Thur: 2:00 – 4:30 ;
Monday, Tuesday and Wednesday By Appointment Only
Day and Time the Class meets: Thursdays, 4:45 – 7:30 p.m.
Location of Class: EDBC in Room 1422
Course Catalog Description: Constitutional provisions, statutory laws, court decisions, torts and
regulations governing public schools with special reference to their influence upon the
administration and function of public schools.
Required Text:
“Law and Ethics in Educational Leadership””
Author: David L. Stader
ISBN-13: 978-0-13-268587-0
ISBN-10: 0-13-268587-6
Second Edition/
Publisher: Pearson
Cover: Paperback
Highly Recommended but not required:
The Educator’s Guide to Texas School Law
Author: Walsh, Kemerer and Maniotis
ISBN10: 0292706634
ISBN13: 9780292706637
Edition/Copyright: Most Current edition .
Publisher: University of Texas Press, Austin
Cover: Paperback
4
COURSE CONCEPTUAL FRAMEWORK AND KNOWLEDGE BASE
Course Description Expanded and Purpose of the Course:
Constitutional provisions, statutory laws, court decisions, torts and regulations governing public
schools with special reference to their influence upon the administration and function of public
schools. The course is based on lectures, scenarios, case-law presentations by the student and
includes a 20 hour field experience on student records policies and procedures (with partial
credit also given for the Internship EDLR 6398 at the discretion of the Internship Professor.
Course Objectives:
Course Objective(s)
1. Students learn the
sources for authority of,
and policies and
procedures relating to
public school law at the
building level on the
following topics:
Church/State issues:
(prayer; religious
symbols/attire;
literature/graduation,
textbooks, etc.
Student speech,
assembly, press rights;
Discipline;
Teacher speech,
conduct, evaluation and
employment rights.
NCATE STANDARD
ELCC (SPA) Standard
Domain I: School
Community
Leadership
Competency 03
The principal
knows how to act
with integrity,
fairness, and in an
ethical and legal
manner.
Standard 5.0:
Candidates who
complete the
program are
educational leaders
who have the
knowledge and
ability to promote
the success of all
students by acting
with integrity, fairly,
and in an ethical
manner.
5.1 Acts with
Integrity
a. Candidates
demonstrate a
respect for the
rights of others with
regard to
confidentiality and
dignity and engage
in honest
interactions.
5.2 Acts Fairly
Candidates
demonstrate the
ability to combine
impartiality,
sensitivity to
Conceptual Framework



Interculturalism
Interrelatedness
Inquiry
5
student diversity,
and ethical
considerations in
their interactions
with others.
5.3 Acts Ethically
Candidates make
and explain
decisions based
upon ethical and
legal principles.
6.1 Understand the
Larger Context
d. Candidates
demonstrate an
understanding of
the policies, laws,
and regulations
enacted by local,
state, and federal
authorities that
affect schools,
especially those
that might improve
educational and
social opportunities.
6.3 Influence the
Larger Context
a. Candidates
demonstrate
the ability to
engage
students,
parents, and
other
members of
the
community in
6
advocating for
adoption of
improved policies
and laws.
b. Candidates apply
their understanding
of the larger
political, social,
economic, legal,
and
cultural context to
develop activities
and policies that
benefit students
and their families.
7.1 Substantial
Candidates
demonstrate the
ability to accept
genuine
responsibility for
leading, facilitating,
and making
decisions typical of
those made by
educational leaders.
The experience(s)
should
provide interns with
substantial
responsibilities that
increase over time
in amount and
complexity and
involve direct
interaction and
involvement with
staff, students,
parents, and
community leaders.
7
2. Students learn to
become effective
leaders by organizing
and presenting a
program on the Family
Educational Rights and
Privacy Act (FERPA)
policies and procedures
and student records
3. Students will have
gained a working
knowledge of the topics
listed on the attachment
#1 to this syllabus.
Domain I: School
Community
Leadership
Competency 02
The
principal
knows how to
communicate and
collaborate with all
members of the
school community,
respond to diverse
interests
and
needs,
and
mobilize resources
to promote student
success.
Domain I: School
Community
Leadership
Competency 03
The principal
knows how to act
with integrity,
fairness, and in an
ethical and legal
manner.
Domain III:
Administrative
Leadership
Competency 09
The
principal
knows how to
apply principles of
leadership
and
management
to
the
campus
physical plant and
support systems to
ensure a safe and
effective learning
environment.
ELCC 3.2 Manage
the
Organization
a. Candidates
demonstrate the
ability to involve
staff
in conducting
operations and
setting priorities
using appropriate
and effective needs
assessment,
research-based data,
and group process
skills to
build consensus,
communicate, and
resolve
conflicts in order to
align resources with
the
organizational
vision.
b. Candidates
develop
communications
plans for
staff that includes
opportunities for
staff to
develop their family
and community
collaboration
skills.
c. Candidates
demonstrate an
understanding of
how
to apply legal
principles to
promote educational
equity and provide a
safe, effective, and
efficient
facilities.



Interculturalism
Interrelatedness
Inquiry
8
Domain I: School
Community
Leadership
Competency 02
The
principal
knows how to
communicate and
collaborate with all
members of the
school community,
respond to diverse
interests
and
needs,
and
mobilize resources
to promote student
success.
Domain I: School
Community
Leadership
Competency 03
The principal
knows how to act
with integrity,
fairness, and in an
ethical and legal
manner.
Domain III:
Administrative
Leadership
Competency 09
The
principal
knows how to
apply principles of
leadership
and
management
to
the
campus
physical plant and
support systems to
ensure a safe and
effective learning
environment.
ELCC Standard 1.2
Articulate a Vision
b. Candidates
demonstrate the
ability to use databased research
strategies and
strategic planning
processes that focus
on student learning
to inform the
development of a
vision, drawing on
relevant
information sources
such as student
assessment results,
student and family
demographic data,
and an
analysis of
community needs.
c. Candidates
demonstrate the
ability to
communicate the
vision to staff,
parents, students,
and community
members through
the use of symbols,
ceremonies,
stories, and other
activities.
ELCC Standard 1.5
Promote
Community
Involvement in the
Vision
a: Candidates
demonstrate the
ability to involve
community



Interculturalism
Interrelatedness
Inquiry
9
members in the
realization of the
vision and in related
school
improvement
efforts.
b: Candidates
acquire and
demonstrate the
skills needed to
communicate
effectively with all
stakeholders about
implementation of
the vision.
ELCC Standard 4.1
Collaborate with
Families and Other
Community
Members
a: Candidates
demonstrate an
ability to bring
together the
resources of family
members and the
community to
positively affect
student learning.
b: Candidates
demonstrate an
ability to involve
families in the
education of their
children based on
the belief that
families have the
best interests of
their children in
mind.
e: Candidates
develop various
methods of
10
outreach aimed at
business, religious,
political, and service
organizations.
f: Candidates
demonstrate the
ability to involve
families and other
stakeholders in
school decisionmaking processes,
reflecting an
understanding that
schools are an
integral part of the
larger community.
g: Candidates
demonstrate the
ability to
collaborate with
community
agencies to
integrate health,
social, and other
services.
ELCC Standard 4.2
Respond to
Community
Interests and Needs
a. Candidates
demonstrate active
involvement within
the community,
including
interactions with
individuals and
groups with
conflicting
perspectives.
b. Candidates
demonstrate the
ability to use
11
appropriate
assessment
strategies and
research methods
to understand and
accommodate
diverse school and
community
conditions and
dynamics.
d. Candidates
demonstrate the
ability to capitalize
on the diversity
(cultural, ethnic,
racial, economic,
and special interest
groups) of the
school community
to improve school
programs and meet
the diverse needs of
all students.
ELCC Standard 4.3
Mobilize
Community
Resources
a. Candidates
demonstrate an
understanding of
and ability to use
community
resources, including
youth services, to
support student
achievement, solve
school problems,
and achieve school
goals.
b. Candidates
demonstrate how
to use school
resources and social
12
service agencies to
serve the
community.
c. Candidates
demonstrate an
understanding of
ways to use public
resources and funds
appropriately and
effectively to
encourage
communities to
provide new
resources to
address emerging
student problems
ELCC Standard 5.1
Acts with Integrity
a. Candidates
demonstrate a
respect for the
rights of others with
regard to
confidentiali
ty and dignity and
engage in honest
interactions.
ELCC Standard 5.2
Acts Fairly
a. Candidates
demonstrate the
ability to combine
impartiality,
sensitivity to
student diversity,
and ethical
considerations in
their interactions
with others.
ELCC Standard 5.3
Acts Ethically
13
a. Candidates make
and explain
decisions based
upon ethical and
legal principles.
.
TOPICS, LEARNING PROCESSES AND DESIRED RESULTS
ELCC Assessment #5: Leading Student Impact: Professional Skills Assessment—Family Support
Session
Pre-Internship, Public School Law, 20-Hour, Field Experience Assignment
Go to the Internet and download a copy of FERPA. Read and study it. After studying the Family
Education Rights and Privacy Act (FERPA) in the Public School Law course, the candidate will
complete the following field experience. The field experience will be conducted under the
supervision of the course professor and a certified building principal who has agreed, in writing,
to supervise the student – Form is to be completed).
Each section of the field experience will be evaluated as “Satisfactory” or “Unsatisfactory. “ In
order for the candidate to count the twenty hours of field experience toward the required two
hundred hours of the internship, the candidate must complete all sections of the field
experience satisfactorily.
Section 1: The candidate will perform an analysis of the FERPA (Student Records) policy in the
student handbook policy and make revision recommendations, based on law, as needed. (3
hours)
Section 2: The candidate will organize a committee of public school students at the building
level. The candidate will give the public school students an orientation of FERPA and discuss
their rights as students and their parents’ rights regarding student records. (2 hours)
Section 3: The candidate will supervise a review of the student handbook FERPA policy by the
public school student committee. The public school students will review the FERPA policy for
clarity, accuracy and whether the student handbook policy provides for the confidentiality and
protection of student records. (5 hours)
Section 4: The candidate will organize a “Parent’s Night” meeting for the purpose of providing
parents the opportunity to learn more about their rights and the rights of students under
FERPA. The candidate will conduct a survey of parents in order to glean recommendations for
improving communications in general, and the student handbook FERPA policy in particular. (5
hours)
Section 5: The candidate will collect and analyze the recommendations of the public school
students’ committee and parents. The candidate will submit a final report of the field
experience and recommended changes of the policy based on the candidate’s own analysis and
the input from the public school students’ committee and parents. The candidate will submit
the final report to the appropriate district administration. (5 hours)
14
Tentative Course Calendar
Date
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Topics







Introduction:
Law, Ethics,
and
Educational
Leadership
The Law of
Education
Education,
Religion, and
Community
Values
Student
Privacy and
First
Amendment
Rights
Due Process,
Student
Discipline,
Athletics and
Title IX
Student
Searches
School Safety
Processes &
Assignments
 Required
texts
 Lecture
and
discussion
 Student case
law , scenario
presentation of
assignments
 Lecture
 Review of Take
Home tests
Student case
law , scenario
presentation of
assignments
Review of take
home tests
Student case
law, scenario
presentation
of assignments
Review of take
home tests
Student case law,
scenario
presentation of
assignments
Review of take
home tests
Student case
law,
scenario
presentation of
assignments
Review of take
home tests
Related Course
Objective
Legal issues relating
to administration at
the public school
building level
Student case
law,
scenario
presentation of
assignments
Review of take
home tests
Legal issues relating
to administration at
the public school
building level databased decisionmaking
Evaluation Method

N/A
Legal issues relating
to governance oft
the public schools

Satisfactory/Uns
atisfactory
Weekly Test
grade of Take
Home tests
Legal issues relating
to administration at
the public school
building level

Legal issues relating
to administration at
the public school
building level

Legal issues relating
to administration at
the public school
building level

Legal issues relating
to administration at
the public school
building level








N/A
Satisfactory/Un
Satisfactory
Weekly test
grade of take
home tests
Satisfactory/Un
satisfactory
Weekly test
grade of take
home tests
Satisfactory/Un
satisfactory
Weekly Test
grade of take
home tests
Satisfactory/Un
satisfactory
assessment of
survey results
and data
analysis
Weekly test
grade of take
home tests
Satisfactory/Un
satisfactory
assessment of
survey results
and data
analysis
Weekly test
grade of take
15
Week 8
Week 9


Equal
Protection,
English
Language
Learners, and
Desegregatio
n
Children with
Disabilities
Student case
law, scenario
presentation of
assignments
Review of take
home tests
Legal issues relating
to administration at
the public school
building level


Student case law,
scenario
presentation of
assignments
Review of take
home tests
Legal issues relating
to administration at
the public school
building level


Week
10
Week
11
Week
12
Week
13
Week
14





Tort Liability
and risk
Management
Teacher
Employment,
Supervision,
and
Collective
Bargaining
Teacher
Constitutiona
l Law
Law, Ethics,
and
Educational
Leadership:
Making the
Connection
Chapter 21,
Texas
Education
Code
Student case law,
scenario
presentation of
assignments
Review of take
home tests
Review of take
home tests
Student case law,
scenario
presentation
assignments
Legal issues relating
to administration at
the public school
building level

Legal issues relating
to administration at
the public school
building level


home tests
Satisfactory/Un
satisfactory
assessment of
survey results
and data
analysis
Weekly test
grade of take
home tests
Satisfactory/Un
satisfactory
assessment of
survey results
and data
analysis
Weekly test
grade of take
home tests
Satisfactory/Un
satisfactory of
presentations
Weekly Test
Grade of take
home tests
Satisfactory/Un
satisfactory of
presentations
weekly test
grade
of take home
Student case law,
scenario
presentation of
assignments
Review of take
home tests
Legal issues relating
to administration at
the public school
building level
Student case law,
scenario
presentation of
assignments
Legal issues relating
to administration at
the public school
building level
Student case law,
scenario
presentation of
assignments
Legal issues relating
to administration at
the school district
level
tests


tests


tests


Satisfactory/Un
satisfactory of
presentations
weekly test
grade
of take home
Satisfactory/Un
satisfactory of
presentations
weekly test
grade
of take home
Satisfactory/Un
satisfactory of
presentations
weekly test
16
grade
of take home
Week
15
Week
16

Chapter 37.
Texas
Education
Code
Student case law,
scenario
presentation of
assignments
Student
presentations
Legal issues relating
to administration at
the public school
Final exam
tests

Satisfactory/Un
satisfactory of
presentations
weekly test
grade
of take home
tests
See information on
grading of this syllabus
NOTE: The above schedule is subject to change depending on how fast or slow a
particular lesson moves and class participation and discussion. Every effort will be
made by the instructor to follow as closely as possible the timeline listed.
Some topics (weeks) may extend into a second week as needed.
MAJOR REQUIREMENTS, DEMONSTRATION OF MASTERY AND EVALUATION
Rationale for selecting requirements
1. Quality of student presentations
2. Score on exams
3. Completeness of Scenarios and Court Cases
4. Class participation
5. Attendance
EVALUATION WEIGHTS AND SUMMMARY
Students will be provided with a final letter grade based on above criteria. The instructor
reserves the right to penalize any additional facets of unprofessional and irresponsible work
dispositions or conduct, should the need arises.
GRADING SYSTEM
Grading will be conducted as follows::
1. Incomplete Grades: A grade of Incomplete (I) may be given at the discretion of the
instructor to a student who has been unable to complete the course requirements due
to a serious interruption not caused by the student’s own negligence. This is not a
guarantee. Each case will be decided by the instructor on a case by case basis
2. There will be three major exams (including the final exam). One exam will cover
chapters 1-5, the second will cover chapters 6-10. The third and final exam will cover
material covered in chapters 11 to the end of the course. The average of the “Take
Home” tests will count as a fourth “major” test.
17
3. All major exams will be announced at least one week prior to the exam in order that
students may have ample time for study. (The professor will review important topics to
be covered in the exams)
4. There will be approximately 11-15 weekly exams; one for each topic, chapter, etc.,
assigned.
 These exams will be on a “take home” basis.
 Students will be able to download all tests and submit the number assigned by the
instructor; usually one, two or three per week. Further instructions will be given at the
first class meeting.
 The take home tests will be due at the beginning of each class on the assigned class
meeting beginning with the second class meeting.
 The instructor will drop the lowest grade. (Or any test missed which would have been a
grade of “zero.”)
 A student may elect to miss one test but will receive a “zero” for the test missed,
however, the student may choose to drop that test.
 At the end of the course all take home tests will be added and the average will be the
grade for the take home test assignment which will be considered as a major test grade
5. The Field Project Assignment will count as 5 percent of the final grade
6. Weekly case law and scenario assignments will both count (Combined) as 15% if you
are going for the “A” and 10:% if you are going for the “B.”
7.
8. Each major test will count (plus the average of the take home tests) as 80 percent of
the final grade (Test 1 – 20%; Test #2 – 20%; Test #3 – 20%; Averaged Take Home Tests –
20%); Students who have less than an 80 percent average for the course three weeks
before the final exam, may elect to submit a Research Paper (on a topic approved by the
instructor). Additional credit will be given for this assignment. The additional credit will
be dependent on the quality of the final product which should help the student’s final
grade.
RESOURCES INCLUDING BOOKS FOR THE COURSE AND RESEARCH PAPERS
Textook: Law and Ethics in Educational Leadership
Author: David L. Stader
ISBN: 13: 978-0-268587-0
10- 0-13-268587-6
Publisher: Pearson
Cover: Paperback
Highly recommend but not required: The Educator’s Guide to Texas School Law
Author:
Walsh, Kemerer and Maniotis
ISBN10: 0292706634
ISBN13: 9780292706637
th
Edition/Copyright: Current edition (7 )
18
Publisher: University of Texas Press, Austin
Cover: Paperback
1. Texas Education Code (Assigned topics - Which can be downloaded from the Internet)
2. Texas Administrative Code (Assigned topics - Which Can be downloaded from the
Internet)
3. School Board Policy Manual (from your district and which can be downloaded from the
Internet)
4. The Legal Digest – Not required
5. Legal research on the Internet – Not Required
Course Policies
1. Attendance is mandatory. Arriving late or leaving early is unprofessional and causes a
distraction to others and may lead to a grade reduction.
2. Absence from three class meetings Can constitute a loss of a letter grade.
3. Complete all assignments by the due date.
4. All assignments are to be typed, unless otherwise specified by the professor.
5. The instructor reserves the right to make changes in the syllabus as deemed
necessary. Students will be notified of any and all changes.
6. All official contact (with the professor) will be via email. Students may feel free to
contact me via my cell phone or office phone, however, these will not be considered
“official.” The email contact serves as documentation for both the instructor and the
student.
INSTITUTIONAL POLICIES
SATISFACTORY ACADEMIC PROGRESS
UTB/TSC monitors academic progress every fall and spring semesters to identify those
students who are experiencing difficulty with their courses. Satisfactory Academic
Progress (Sap) is based upon two components: GPA of 2.0 or higher and successful
course completion of at least 70% of course work attempted. Students remain in good
standing with the university and Financial Aid when both criteria are met. Students who
do not maintain these required minimum standards will be placed on probation or
suspension as appropriate. The complete Satisfactory Academic Progress policy and the
Undergraduate Satisfactory Academic Progress for Financial Aid policy can be found in
the current Undergraduate catalog. For more information, please visit
http://blue.utb.edu/vpaa/sap
19
SCHOLASTIC DISHONESTY
Students who engage in scholastic dishonesty are subject to disciplinary penalties,
including the possibility of failure in the course and expulsion from the University.
Scholastic dishonesty includes but is not limited to cheating, plagiarism, collusion,
submission for credit of any work or materials that are attributable in whole or in part to
another person, taking an examination for another person, any act designed to be unfair
advantage to a student, or the attempt to commit such acts. Since scholastic dishonesty
harms the individual, all students and the integrity of the University, Policies on
scholastic dishonesty will be strictly enforce. (Board of Regents Rules and Regulations)
STUDENTS ACADEMIC RESPONSIBLILITIES
Students are expected to be diligent in their studies and attend class regularly and on
time. Students are responsible for all class work and assignments. On recommendation
of the instructor concerned and with the approval of the Dean, students may, at
anytime, be dropped from course. This may result in a “w” or “F” on the student’s
permanent record.
EMERGENCY POLICY STATEMENT
In compliance with the Emergency UTB/TSC Academic continuity Program, academic
course, partially or entirely, will be made available on the MyUTBTSC Blackboard course
management system. This allows faculty members and students to continue their
teaching and learning via MyUTBTSC Blackboard http://myutbtscblacboard.com, in case
the university shuts down as a result of a hurricane or any other natural disaster.
The university will use MyUTBTSC Blackboard to post announcements notifying faculty
members and students of their responsibilities as a hurricane approaches our region. If
the university is forced to shut down, faculty will notify their course(s). To receive credit
for a course, it is the student’s responsibility to complete all requirements for that
course. Failure to access course materials once reasonably possible can result in a
reduction of your overall grade in the class.
To facilitate the completion of class, most or all of the communication between students
and the institution, the instructor, and fellow classmates will take place using the
features in your MyUTBTSC Blackboard and UTB email system. Therefore, all students
must use Scorpion Online to provide a current email address. Students may update
their email address by following the like titled “Validate your e-Mail Account” in
MyUTBTSC Blackboard Portal. In the event of a disaster, that disrupts normal
operations, all students and faculty must make every effort to access an internetenabled computer as often as possible to continue the learning process.
AMERICANS WITH DISABILITIES ACT (ADA)
Students with disabilities, including learning disabilities, who wish to request
accommodations in this class should notify the Disability Services Office early in the
semester so that the appropriate arrangements may be made. In accordance with
20
federal law, a student requesting accommodations must provide documentation of
his/her disability to the Disability Services counselor. Fro more information, visit
Disability Services in the Lightner Center, call 956-882-7374, or e-mail
[email protected].
21
Addendum #1 to Syllabus – Course Objective #3: Learning Outcomes (Part of Third Course
Objective): Upon completion of the course the student will have a working knowledge of
1 The Legal System
2. Historical and Legal Perspective of Public Schools
3. Role of the Federal Government
4. Governance of Public Schools
5. Church and State
6. School Attendance
7. The Instructional Program
8. Speech, Expression, and Privacy
9. Search and Seizure
10. Student Rights: Common Law, Constitutional Due
Process, and Statutory Protections
11. Rights of Students with Disabilities
12. Tort Liability
13. Defamation and Student Records
14. School District Liability
15. Certification, Contracts, and Tenure
16. Teacher Rights and Freedoms
17. Due Process Rights of Teachers
Addendum #2 – Weekly . Test Assignment:
1. You are to take one, two or three of these “Take Home” tests each week. I will explain
the number in our first class meeting. First test/s due on the second class meeting.
2. The number of tests assigned will be due each week at the beginning of each class.
3. The tests will be returned to you (graded) the following class meeting.
4. I will prepare a matrix for you to keep a record of the grades.
5. I will drop the lowest test grade. You have to take all of the tests. If you miss one it will
count as a “zero,” but you may drop this one as one of the ones to be dropped.
6. I will average the total score and the averaged score will count as a major test which will
be averaged into your total course grade.
NOTE: The Take Home Tests are located at the end of this document.
Addendum #3 - Scenario, Court Cases (These are located in the following pages)
Required Scenarios for Grade of an “A” or “B” (16 for the “A” or 8 for the “B”)
“Connecting Standards to Practice”
Scenario #1 – Page 2-3: “Tough Times Continue at Riverboat School District” (2,4,5)
Questions to be addressed:
1. What will be your course of action in this scenario?
22
2. What is involved in making your decision?
3. Will you allow Allison to distribute the flyers? Why or why not?
Scenario #2 - Page 10-11: “Discrimination or Background Knowledge, Part I”(2,4,5)
Questions to be addressed:
1. Does this case study represent a structured or ill-structured problem?
2. What ethical dilemma does this case study represent?
3. Are there any potential legal issues hidden in this case study? Yes or no?
4. What are they?
Scenario #3 – Pages 12-13: “Confused Yet?” 5,6)
Questions to be addressed:
1. When educators refer to the “law” what are they referring to?
2. What is/are the difference/s between law and policy?
3. Define what is meant by “policy actors.”
4. List some policy actors.
5. When a professional association or an advocacy group try to influence policy in
various ways, how can they do it? Explain the term “filing an amicus curiae.”
Scenario #4 – Pages 31-32: “Legal Challenges at Riverboat School District?” (5,6)
Questions to be addressed:
1. Which type of law suit does each of the scenarios represent? (State law, federal law,
or constitutional law?)
2. Is the scenarios criminal or civil?
3. What is the legal question in each of the scenarios
Scenario #5 – Page 34: “Candy Canes” (2,4,5)
Questions to be addressed:
1. What appears to be the issue here?
2. What are the two Constitutional issues here?
3. As the campus administrator, how do you propose to handle the problem?
Scenario #6 – Page 55: “Let Us Pray” (2,4,5)
Questions to be addressed:
1. Are you for or against the proposed policy?
2. Write a letter to the superintendent to support your decision for or against. (Back it up
with the appropriate case law applicable to the scenario.
Scenario #7 – Page 57: “Shanna’s Shirt” (2,3,5)
Questions to be addressed:
23
1.
2.
3.
4.
Does Shanna have a constitutional right to wear the shirt?
Why or Why not?
What is the issue here?
How do you propose to handle the situation?
Scenario #8 – Page 80: “Stupid Cupid” (2,3,5)
Questions to be addressed:
1. What is the main problem in this scenario?
2. What could you have done to prevent this incident from happening?
3. Are you for punishing the students? Why or why not?
4. Do you have the right as a school administrator to censor a similar article in your
campus?
5. What gives you that right? City the case law.
6. Write a letter to the superintendent to inform him/her of your decision. Justify it!
Scenario #9– Page 83: “The Case of the Powered Aspirin” (2,3,4,5)
Questions to be addressed:
1. What issues are involved in this scenario?
2. Tomorrow you, as the campus administrator, are going to meet with the parents and
superintendent. How are you going to handle the situation? Prepare (in an outline
form) your presentation (defense).
Scenario #10 – Page 99: “Bad Boys” (2,3,4,5)
Questions to be addressed:
1. What is the law in Texas concerning the suspension of a student?
2. Write a memo to the superintendent informing him/her of your action (How you
handled or are going to handle the situation.
3. Back up your memo with board policy, case law, etc.
4. What do you propose to do with Kyle Lacy?
5. Familiarize yourself with Chapter 37 of the Texas Education Code.
Scenario #11 – Pages 100-101: Walkabout” (3,5)
Questions to be addressed:
1. What Amendment covers this search?
2. Was this a legal search? Why or why not?
3. Was this an intrusive search? Why or why not?
4. How would you have handled this incident?
Scenario #12 Page 118: “Hello, Operator” (3,5)
Questions to be addressed:
1. Was the search of Susan Smith cell phone legal? Why or Why not?
24
2. Did the administration have “probable cause” or “reasonable suspicion?” Why
3. How would you have handled the case?
Scenario #13 – Page 120: “That’s Not Fair! (3,5)
1. How would hand this situation?
Scenario #14 – Page 142 – “The Lady in Red” (3,5)
Questions to be addressed:
1. Would you allow Andrew Wade to attend the Homecoming dance with Lindsay as his
date? Why or why not?
2. What legal rights does Wade have?
3. Write a memo to the superintendent discussing your view and action.
Scenario #15 – Pages 145-146: “ In All Fairness” (2,3,4,5,6)
Questions to be addressed:
1. What did the school counselors and administrators do wrong? Why is it wrong in
Texas?
2. As the campus administrator, what action would you take against the counselor and
administrator?
3. What issue/s are involved in this scenario?
Scenario #16–Page 160: “Discrimination or Background Knowledge Part II” (2,3,4,5,6)
Questions to be addressed:
1. Write a memo to the superintendent outlining your conclusions and
recommendations.
Scenario #17 – Pages 162-163: “When Good Parents Go Bad” (2,3,5)
Questions to bee addressed:
1. What is your solution in this case?
2. What ethical concepts should guide Marina’s decision making?
Scenario #18 – Pages 181-182: ‘The Case of the Riverboat High School Cat Burglar” (2,3,5)
Questions to be addressed:
1. Are you for or against an alternative placement for Samantha. Defend your position.
2. What is the legal issue here?
3. Take into consideration the manifestation determination discussed in the chapter, the
behavior intervention plan in place, the concept of FAPE and other ethical principles
to justify your answer.
4. What will be your recommendation to the superintendent?
Scenario #19 – Page 184: Girl Fight” (3)
Questions to be addressed:
1. Is this a form of “bullying?
25
2. How should you have handled this situation?
3. What are you going to do with Kathy?
Scenario #20 – Pages 202-203: “Into the Danger Zone” (3)
Questions to be addressed:
1. What is the legal issue here?
2. Argue for or against a settlement with Lucy’s parents.
3. Are all elements of the tort of negligence present?
4. Was Lucy’s injury foreseeable?
5. Was the breach cause-in-fact of Lucy’s injury?
Scenario #21 – Pages 205-206: Discrimination? (2,3,5)
Questions to be addressed:
1. What preventive action/s should the administration have taken?
2. How would you respond to the PVTO?
3. What will be your “to do” list to prevent this from happening again?
Scenario #22 – Page 232: “Sealed With a Kiss” (2,3,5)
Questions to be addressed:
1. Should Michael be suspended or terminated?
2. Should Michael’s teaching certificate be revoked? Why or why not?
3. Would you have reported Michael to the Child Protective Agency? Why or why not?
4. Is Michael guilty of violating Texas Penal Code Section 21.12? Why or why not? (look
it up in the internet)
5. What can you do with Michael?
6. What should you have done earlier with Michael?
Scenario 23 – Page 234: “Good Teacher or Royal Pain?” (2,3,4,5)
Questions to be addressed:
1. What would have been the more appropriate steps that Johnna Long should have
taken?
2. What did Johnna have to prove?
3. What did Bill Sears had to prove?
4. What would have been the appropriate thing that Danni Skyy could have done?
5. Did the fact that Johnna was on a probationary contract have anything to do with the
administration’s decision?
Scenario #24 – Page 250: “”Good Sport? (2,3,4, 5)
Questions to be addressed:
1. What should have been the action of the superintendent?
2. Does coach Barnhart have a property right to his position?
26
3. Were the other sports treated fairly?
4. Is there a Title IX violation here? What is the violation?
5. What will be your recommendation to the superintendent?
Scenario #25 – Pages 251 – 252: “So Many Detentions, So Little Time” (3,4,5)
Questions to be addressed:
1. What did Sharon mean by her response “You haven’t found the balance.”
2. What advice would you give Charleston?
3. Outline the advice you would give Charleston.
NOTE: Items in (parenthesis ) denote ILSSC Standards Applicable to the Scenario
Scenario
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23
ILSSC Standards Covered By The Above Scenarios
Standard I Standard 2 Standard 3 Standard 4 Standard 5
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
x
x
X
X
X
X
X
X
X
X
X
X
x
X
X
X
Standard 6
X
X
NOTE: Scenarios for Standard I will be covered and/or substituted by class (individual or
group) activities.
27
EDLR 6385 - public School Law
From the textbook: “Law and Ethics in Educational Leadership by David L. Stader
Review items that will be helpful to study for your exams
Chapter 1 – Law, Ethics, and Educational Leadership
 What is ILLC?
 What are the six ILLC standards?
 What do we mean by the term “conceptual framework” What is it and what does it
do?
 What do we mean by “ethical leadership?”
 What is Ethics?
 Distinguish the difference between structured and ill-structured problems and give at
least one example of each.
Chapter 2 – The law of Education
 What are our sources of law? (The legal structure on which the public schools are
based)
1). Federal and state constitutions
2). Federal and state statutes (laws)
3). Federal and state judicial decisions (case law)
4). Administrative law made by agencies of federal, state, and local government)
 The federal court system
 The state court system
 Civil and criminal courts
 The highest federal court in the US
 The highest state court in Texas for Criminal matters
 The highest state court in Texas for Civil matters
 The lowest state court in Texas for Criminal matters
 The lowest state court in Texas for Civil matters
 What is meant by the term “to have standing” in a case?
 What is a “writ of certiorari?”
 Strict scrutiny, middle-tier scrutiny and rational basis
Chapter 3 – Education, Religion, and Community values
 The two clauses of the First Amendment (establishment clause, and the free exercise
clause)
 The fourteen Us Supreme Court cases dealing with religion in public schools (pages 4041 in your text
 The Equal Access Act (1984)
 Viewpoint discrimination
28

What are “vouchers?”
Chapter 4 – Student – Student Privacy and the First Amendment







Define school culture in your own words
What is meant by the term “social capital?”
The First Amendment
FERPA
en banc
The importance (significance) of the following US Supreme Court cases:
1). West Virginia v. Barnette
2). Tinker v. Des Moines School District
3). Bethel v. Frazier
4). Hazelwood School District v. Kuhlmeier
5). Morse v. Frederick (the “Bong Hits 4 Jesus” case)
6). Board of Education v. Pico
Hate speech
Chapter 5 – Due Process, Student Discipline, Athletics, and Title IX









Due Process
The Fifth Amendment
The Fourteenth Amendment
Define the meaning (examples are fine) of the following:
1). Property interest
2). Liberty interest
3). Procedural due process
4). Substantive due process
Goss v. Lopez
Baker v. Owen
Ingraham v. Wright
The Eighth Amendment
Title IX
Chapter 6 – Student Search 



The Fourth Amendment
Probable cause versus reasonable suspicion (reasonable cause)
The importance of the “Veronia School District v. Acton
What does Jeremy Brentham mean by the term “utilitarianism?”
29
Chapter 7 – School Safety





Zero tolerance
Deliberate indifference
The two parts of threat assessment (inquiry and investigation)
Some examples of student victimization (bullying, intimidation, gender-based sexual
harassment, sexual harassment, dating violence, and sexting)
The two types of sexual harassment
Chapter 8 – Equal Protection, English Language Learners, and Desegregation








Social justice = equality
The Plessy v. Ferguson US Supreme Court Case
Brown v. Topeka Board of Education
Disparate impact
Adverse impact
Lau v. Nichols
De jure segregation
De facto segregation
Chapter 9 – Children with Disabilities (IDEA, DEIA)








Behavioral intervention plan (BIP)
Free Appropriate Public Education (FAPE)
Individualized Education Plan (IEP)
Least Restrictive Environment (LRE)
Manifest determination
The US Supreme Court case “Board of Education of Hendrick Hudson Central School
District v. Rowley” (The Rowley case)
Rowley’s two – part test to define what qualifies as a free appropriate public
education.
The US Supreme Court case “Debra P. v. Turlington
Chapter 10 – Tort Liability and Risk Management




Definition (an example) of what is a tort?
Negligence
The five elements to the tort of negligence
The Doctrine of Foreseeability
30




The defenses to negligence (contributory negligence and comparative negligence,
assumption of risk, sovereign immunity, statutory immunity
Difference between contributory negligence and comparative negligence
Intentional torts (what are they?)
The four intentional torts that could be confronted in an educational context (Assault,
battery, false imprisonment, intentional infliction of emotional distress)
Chapter 11 – Teacher Employment, Supervision, and Collective Bargaining

















Title VII
The Equal Employment Opportunity Commission (EEOC)
Disparate impact
Disparate treatment
Quid pro quo in employment
Hostile environment in employment
The Americans with Disability Act
Affirmative action
Bona fide occupational qualification (BFOQ)
The four types of contracts
The five parts of a contract
Remediation plan
“Good Cause” dismissal
The nexus principle
Define defamation
The two types of defamation (Libel and slander)
Qualified and Unqualified immunity against defamation charges
Chapter 12 – Teacher Constitutional Law








First Amendment rights
Academic freedom
The Us Supreme Court case “Pickering v. Board of Education”
The US Supreme Court case Connick v. Myers
The Pickering-Connick Balance Test
The US Supreme Court case “Garcetti v. Ceballos”
The Fourth Amendment
The US Supreme Court case “Veronia v. Acton
Chapter 13 – Law, Ethics, and Educational Leadership: Making the Connection
31


What is the importance in “finding the balance” as implied by Sharon in this chapter?
How do you find the balance?
Class Requirements for Completion of Scenarios ( Incidents) And Legal Briefs

Incidents (Scenarios are used interchangeably)
 A certain number of Incidents are required for the course. For those students interested in
working towards an “A” in the course sixteen Incidents are required. For all others ten
Incidents are required.

The incidents are either actual situations. Some have been edited to accommodate the intent
of the exercise. In each class meeting you will be given at least one Incident and as many as
three or four. You will only be required to turn one in each class meeting. If you wish, you
may turn in more.

At the beginning of each class, I will randomly picked three or four students to respond to the
assigned incident. You are expected to read the incident and complete the required work,
before coming to class.

I will initial the Incident and return it to you before the end of the class. You may prepare the
incident in your own handwriting and you may add any notes you wish after having heard the
various responses and my comments. The final copy is to be turned in, typed (or printed in
the computer).

All of the Incidents will be due on the assigned date given to you in class or as listed in your
class syllabus. If for any reason you do not turn an incident in at the required time you will
have to turn in an extra one. This is intended to serve as a motivator for you to be prepared
for each class meeting.

Legal Briefs
 The same requirement applies to the legal briefs as the incidents. You will, however, have a
choice to select the briefs you want to report on. A list of legal briefs is being given to you. I
have selected the most important ones which are strongly recommend for review and
reporting as they pertain directly to situations that you are most likely to encounter as a
school administrator.

At the end of the course you are to submit the Incidents and the briefs in a manila folder with
the Incidents stapled to the left side and the briefs stapled to the right side. A Table of
Contents for each is required and they are to be in the order given by the instructor.
32
MY POWER POINT NOTES
GO TO BLACKBOARD (GO TO ANNOUNCEMENTS AND
THE ANNOUNCEMENT WILL TELL YOU WHAT TO DO)
DOWNLOAD MY POWER POINT NOTES FOR THE ENTIRE
COURSE.
DOWNLOAD A FEW PAGES AT A TIME AS THERE ARE
OVER 100 PAGES.
TO SAVE TIME AND PAPER YOU MAY WANT TO PRINT
SIX SLIDES TO A PAGE. YOUR DECISION. SOME
STUDENTS PREFER TO PRINT THREE TO A PAGE TO
ALLOW THEM TO ENTER NOTES ON THE SIDE.
WHATEVER WORKS FOR YOU – DO IT!
33
Recommended Court Cases to Report on
1. Agostini v. Felton
2. Aguilar v. Felton
3. Bethel v. Fraser
4. Engle v. Vitale
5. Abington v. Schempp
6. Epperson v. Arkansas
7. Lemon v. Kurtzman
8. Aguilar v. Felton
9. Wallace v. Jaffree
10.Board of Education v. Mergens
11.Lee v. Weisman
12. Santa Fe v. Doe
13.Baker v. Owen
14.Dixon v. Alabama
15. Goss v. Lopez
16.Ingraham v. Wright
17. Horton v. Goose Creek
18. New Jersey v. T. L. O.
19. Veronia v. Acton
20. Lau v. Nichols
21. Plyer v. Doe
22. Martinez v. Bynum
23.Pickering v. Board of Education
24. Garcetti v. Ceballos
25.Trautvetter v. Quick
26. Erb v. Iowa
27. Rodriguez v. San Antonio ISD
28. Edgewood v. Kirby
29.Hazelwood v. Kuhlmeier
30. West Virginia v. Barnette
31. Zorach v. Clauson
34
Page 34 is a sample of the format for submitting the legal briefs. Page 35 shows hows to read a
legal brief.
35