Legal Issues and School Leadership By Dr. Paul A. Rodriguez

The Interstate School Leader Licensure Consortium Standard #1: A school administrator is an educational leader who promotes the success of all students by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. Standard #3: A school administrator is an educational leader who promotes the success of all students by ensuring management of the organization, operations, and resources for a safe, effective, and efficient learning environment. Standard #5: A school administrator is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner. Standard #6: A school administrator is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economical, legal and cultural context.

Chapter Objectives Discuss the legal requirements that impact the curriculum. Identify and discuss the legal aspects of religion as part of the curriculum. Discuss the legal issues associated with school reform and higher academic standards. Identify and apply federal laws and policies that pertain to personnel decisions including employment and dismissal Identify and apply federal laws and policies that relate to decisions regarding students including privacy, school safety, and sexual harassment. Discuss the legal implications related to school operations and programs including student supervision, transportation, and extracurricular activities.

Curriculum Do’s Align curriculum with state and national standards with test objectives Work with the local community to define politically acceptable curriculum related to sex education Conduct school-wide celebrations that reflect sensitivity to students from all cultures Encourage activities that are sensitive to varying religious beliefs Follow state and federal guidelines for curriculum programs Don’ts Ignore curriculum topics that may lead to student failure on high-stakes tests Teach sex education without the involvement of the parents, and leaders, from the school community Use the school’s curriculum as a forum for promoting religious belief over other Ignore federal guidelines for special, education, bilingual education, and Title 1 programs Case Law Example: Scopes V. State 1926

School Personnel Do’s Hire the most qualified person Have hiring practices that are objective, job-related, and consistent with the advertised position Conduct reference checks Train staff involved in the interviewing process Follow district and state guidelines for curricular programs Don’ts Vary from district policies and procedures for advertising, interviewing, and selecting personnel Discriminate on the basis of an individual’s race, color, religion, sex, national origin, age, or disability Violate individuals’ due process rights during the dismissal process Statutory Law Example: Title VII of the Civil Rights Act of 1964

School Safety Do’s Establish a crisis management plan Have a clearly written student code of conduct Create and distribute a sexual harassment policy Follow state and local guidelines for the use of corporal punishment Use corporal punishment only as a last resort Release student records as permitted by the Family Educational Rights and Privacy Act (FERPA) Allow students the opportunity to request the district to withhold directory information Don’ts Fail to periodically practice your crisis management plan Forget to distribute and teach the student code of conduct to all school personnel and students Refuse or fail to act on any reported incidents of sexual harassment Use corporal punishment as an initial intervention strategy Release student records to individuals or agencies who do not have a legitimate educational interest Statutory Law Example: Safe Schools Act of 1994 Case Law Example: Ingraham V. Wright 1977

School Operations and Programs Do’s Supervise students at all times Follow district guidelines when transporting students to and from the school Obtain written permission from the parents for emergency medical treatment that may be necessary at an off-campus activity Don’ts Fail to notify parents of off-campus school activities Forget to provide adequate supervision and instruction in high-risk school activities Case Law Example: Alamo Heights Independent School District V. State Board of Education, 1986