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EDEL 630: Legal and Ethical Dimensions of School Administration

Prerequisites: None

Credit Hours: (3)

Students will explore the legal status of public schools in the United States with special reference to ethics and the application of law for the educational benefit of all students.  A study of constitutional law and the judicial rulings of the Supreme Court, federal district courts, and state appellate courts will form the basis for exploration of historical precedence in educational law as well as current analysis of trends in legal precedence relating to education.  The study of laws and regulations in Virginia are utilized as a construct for understanding issues surrounding implementation of the Standards of Quality and adherence to the Standards of Accreditation.  

 

Detailed Description of Content of Course

1.  Legal framework of education

      a.  State control of education

          (1)  Legislative power

          (2)  State agencies

          (3)  Local school boards

          (4)  School-based councils

      b.  Federal role in education

      c. Function and structure of the judicial system

          (1)  State courts

          (2)  Federal courts

          (3)  Judicial trends

 2.  Ethical dimensions

      a. Truthfulness, accuracy, and honesty

      b. Collaboration rather than confrontation to resolve issues

      c. Competence

      d. Openness, public accountability

      e. Sharing knowledge and information

      f. Enhanced probability of leadership being successful and good

3.  Church-state relations

      a. Equal access for religious expression

      b. Excusal from public school for religious instruction/observances

      c. Religious challenges to public school curriculum

4.  School attendance

      a. Compulsory school attendance

      b. Residency requirements

      c. School fees

5.  Instructional Issues

     a. The school curriculum

     b. Student proficiency testing

     c. Educational malpractice

     d. Instructional privacy rights

        (1)  Student records

        (2)  Pupil protection and parental rights laws

6.  Students’ rights in matters

     a. Freedom of speech and press

        (1)  Unprotected conduct and expression

        (2)  Commercial expression

        (3)  Student-initiated clubs

     b. Student appearance

     c. Extracurricular activities                     

7.  Student classification practices

     a. Gender

     b. Native language

     c. Age

     d. Ability or achievement

     e. Disability

         (1)  Free and appropriate public education

         (2)  Development of individualized educational programs

         (3)  Placement

         (4)  Procedural safeguards

         (5)  Related services

         (6)  Participation in sports

         (7)  Discipline

8.  Student discipline

     a. Conduct regulations

     b. Expulsions and suspensions

     c. Disciplinary transfers

     d. Corporal punishment

     e. Constitutional issues

     f. State law

9.  Terms and conditions of employment

     a. Certification/licensure/background checks

     b. Employment by local school boards

     c. Contracts

         (1)  Term and tenure contracts

         (2)  Supplemental contract

         (3)  Leaves of absence

     d. Personnel evaluation

     e. Personnel records

     f. Use of copyrighted materials

     g. Reporting suspected child abuse

10.  Teachers’ substantive Constitutional rights

       a. Freedom of expression

       b. Academic freedom

       c. Freedom of association

       d. Personal appearance

       e. Privacy rights

11.  Discrimination in employment

       a. Race and national-origin discrimination

       b. Gender discrimination

       c. Religious discrimination

       d. Age discrimination

       e. Disability discrimination

12.  Termination of employment

       a. Due process in general

          (1)  Dismissal

          (2)  Nonrenewal

       b. Procedural requirements in discharge proceedings

           (1)  Notice

           (2)  Hearing

       c. Dismissal for cause

       d. Remedies for violations of protected rights

13.  Collective bargaining

14.  Tort liability

       a.  Negligence

       b.  Intentional torts

15.  School desegregation

16.  Personal platform for leadership effort continued including legal and ethical considerations

 

Detailed Description of Conduct of Course

Course readings will serve as a primary content basis for in-class discussions.  Case studies and role plays will be used in conjunction with material related to issues involving legal and ethical issues.  Twenty hours of structured field experiences with on-site mentor principals and/or supervisors will also be required for completion of the course and will be discussed in class.  A variety of written and/or oral assignments (research reviews, reflective writings, narrative responses, journals, formal papers, book talks, court brief analysis) will be used to synthesize and reflect on content.  Group and individual tasks will be used to process and reinforce information/skills and for class sharing.  Guest speakers will give students opportunities to examine and reflect on the realities of legal and ethical issues. Lectures by the professor are utilized to supplement and reinforce course readings. 

 

Goals and Objectives of the Course

The goals, objectives, and assignments in this class address standards specified in Regulations Governing the Review and Approval of Education Programs in Virginia, Administration and Supervision PreK-12 and the National Educational Leadership Preparation standards.   

The student will:

1. Understand and demonstrate the capacity to evaluate, communicate about, and advocate for ethical and legal decisions.

2. Understand and demonstrate the capacity to communicate through oral, written, and digital means within the larger organizational, community, and political contexts when advocating for the needs of their school and community.

3. Understand and demonstrate the capacity to reflectively evaluate, communicate about, and implement laws, rights, policies, and regulations to promote student and adult success and well-being.

4. Demonstrate knowledge, understanding, and application of management and leadership skills that achieve effective and efficient organizational operations and sustain an instructional program conducive to student academic progress, including legal issues impacting school operations and management;

5. Demonstrate knowledge, understanding, and application of the purpose of education and the role of professionalism in advancing educational goals, including reflective understanding of potential moral and legal consequences of decision-making in the school setting.

6. Demonstrate knowledge, understanding, and application of basic leadership theories and influences that impact schools including:

• a. Ability to identify and respond to internal and external forces and influences on a school;
• b. Ability to identify and apply the processes of educational policy development at the state, local, and school level; and
• c. Ability to identify and demonstrate ways to influence educational policy development at the state, local, and school level.

 

Assessment Measures

All instructors of the course will assess students in the following ways:

• Presentation of the result of tracking one piece of state public education legislation through the process of becoming law.  An emphasis will be placed on communication with a state legislator describing the impact of that piece of legislation on public schools including how this policy will impact the district and how this policy/legislation will or will not benefit students and family.
• Present a thoroughly developed analysis of a legal issue surrounding a current policy or practice within a school or district. Utilizing historical information and current legal precedence indicate in detail how the policy or practice is utilized to enhance the educational opportunity of all students (including diverse populations) or indicate in detail how the policy or practice is utilized to reduce the educational opportunity of identified student groups.

Additionally, instructors may choose additional assessment measures from the following to assess learning in the course:

• Written assignments such as research papers; reflective writings; narrative responses; journal and/or book reviews; court brief analysis; interviews; examinations.
• Student engagement in actively demonstrating skill development through activities such as: in-basket activities; role play; simulations; demonstrations; presentations; group activities; field experiences; case studies.

 

Other Course Information

None

 

Approval and review dates

February 2000

2/27/09    Reviewed and modified    William Flora

May 5, 2022