Keys To Successful 21st Century Educational Leadership This multimedia product and its contents are protected under copyright law. The following are prohibited by law: –Any public performance or display, including transmission of any image over a network; –Preparation of any derivative work, including the extraction, in whole or part, of any images; –Any rental, lease, or lending of the program. Chapter 9, ISLLC Standards 5 & 6 Legal & Moral Leadership Doing the Right Thing Jazzar & Algozzine

Copyright © Allyn & Bacon 2007 ISLLC Standards 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 and educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context

Copyright © Allyn & Bacon 2007 “It is procedure that spells much of the difference between rule and law of whim or caprice.” ~William O. Douglas

Copyright © Allyn & Bacon 2007 Students with Disabilities Acts ~ Public law is the Education of All Handicapped Children Act (EAHCA) 1975 ~ Section 504 of the Rehabilitation Act (RHA) 1973 ~ Americans with Disabilities Act (ADA) 1990 ~ Amendments to the Individuals with Disabilities Education Act (IDEA) 1997 ~ IDEA Reauthorization 2004

Copyright © Allyn & Bacon 2007 Special Education Teachers New and veteran special education teachers who teach two or more core subjects exclusively to children with disabilities: –Fulfill requirements in each core subject area (ESEA) –Hold a B.A. degree –Full special education certification or equivalent licensure –Cannot hold an emergency or temporary certificate

Copyright © Allyn & Bacon 2007 Private Facilities A child with a disability may be placed in a private school by a local education agency as a means of fulfilling the free and appropriate public education requirement. –Funds must be no less than the dollars set by the federal government –Services may be provided on private school premises, including religious schools

Copyright © Allyn & Bacon 2007 Performance Goals 2005 Reauthorization of IDEA changed the provision to: –require state’s performance goals that are the same as the state’s definition of adequately yearly progress –link performance indicators to measurable annual objectives for progress by children with disabilities –report progress made toward performance goals every year

Copyright © Allyn & Bacon 2007 Noncompliance with 2005 Reauthorization of IDEA The federal government is required to take specified actions: –Require the state to prepare corrective action –Withholding not less than 20% and not more than 50% of the state’s funding –Making referrals to the Department of Justice

Copyright © Allyn & Bacon 2007 Amendments and Education 1st Amendment - no law respecting an establishment of religion, freedom of speech, rights of assembly 4th Amendment - search and seizure, rights to privacy 10th Amendment - delegates powers to states to form and execute its own constitution 14th Amendment - no one should be deprived of life, liberty, and property without due process of law

Copyright © Allyn & Bacon 2007 Separation of Church and State 1959 Pennsylvania enacted a law requiring Bible reading in the schools while at the same time providing an “opt out” for children who had written requests for exemption from their parents –1963 the Schempp children challenged this law and won in Abington School District v. Schempp

Copyright © Allyn & Bacon 2007 Prayers at School Events 2000 U.S. Supreme Court in Sante Fe Independent School District v. Jane Doe banned student-led prayer at athletic contests Lee v. Weisman held that nonsectarian prayer at school graduation is unconstitutional

Copyright © Allyn & Bacon 2007 Religion in Schools Do NOT approve school-sponsored prayer Do NOT allow school-sponsored reading of the Bible in school Do NOT allow invocation at school-sponsored athletic events Do NOT prohibit students from voluntarily praying on their own accord

Copyright © Allyn & Bacon 2007 Prayer in School Establish regulations regarding student- initiated prayer at athletic contests and other school events Permit student-initiated prayer at school events when student-led and not endorsed by school officials

Copyright © Allyn & Bacon 2007 Equal Access Act, 1984 If a school district receives federal money and allows non-curricular activities and club meetings, then it is unlawful to deny the right to meet for religious activities Equal Access Act was upheld by the Supreme Court on June 4, 1990

Copyright © Allyn & Bacon 2007 Equal Access Act All clubs should be allowed to meet on school premises Allow religious groups access to school facilities if other non-religious groups are permitted to use them

Copyright © Allyn & Bacon 2007 Religious Activities in Schools Allow released time for religious instruction if no public school resources are involved Do not post the Ten Commandments or other references to God Do not allow religious pageants, displays, or symbols Prohibit the distribution of religious material on school property Do not allow faculty to wear religious garb

Copyright © Allyn & Bacon 2007 Reasonableness Test If a reasonable relationship existed between the rule and some educational purpose, the rule would be upheld even if most judges believed it was unwise, unnecessary, or restricted freedom of expression Tinker v. DesMoines 1969 upheld students’ freedom of expression Bethel School District 403 v. Fraser 1986 stated that freedom of expression cannot interfere with student learning

Copyright © Allyn & Bacon 2007 Freedom of Expression Do not prohibit a particular opinion merely to avoid discomfort and unpleasantness Only prohibit freedom of expression when it would substantially interfere with the work of the school or the rights of others Prohibit buttons, pamphlets, and other insignia that communicates messages in a vulgar, obscene, or mocks others based on religion, race, origin, or sex

Copyright © Allyn & Bacon 2007 Governing Student Newspapers Construct a set of legally defensible policies governing publication of the school newspaper Decide and communicate whether the student newspaper is considered to be an open forum or a curriculum-based publication Do not impose policy restrictions on school- sponsored publications that cannot be defended on reasonable grounds

Copyright © Allyn & Bacon 2007 Search of Student’s Property Consider the need for the search, the student’s age, history and record of behavior, the gravity of the problem, and the need for an immediate search Conduct a search independent of law enforcement officials Use strip searches only when imminent danger exists Conduct a pat-down search of students with the same sex and other adult witnesses of the same sex present Avoid the use of canines unless there is sufficient evidence

Copyright © Allyn & Bacon 2007 Drug Testing In 1995, Veronia School District v. Acton ruled random urinalysis for athletes does not impermissibly invade a student’s constitutional rights for 3 reasons: –student athletes have low expectations for privacy in communal locker rooms and restrooms –the testing program was designed to be unobtrusive –the program served the school district’s interest in combating drug abuse making sure athletes do not use drugs

Copyright © Allyn & Bacon 2007 Zero Tolerance 1994 Gun Free Schools Act mandates the expulsion of students who bring a weapon to school “One strike, you’re out!” When it becomes necessary to expel students for an extended period of time educational leaders shall assist parents in seeking alternative education placements Make certain that the student is provided due process in all disciplinary matters

Copyright © Allyn & Bacon 2007 Sexual Harassment Make sure everyone - faculty, students, and staff - understand the district policies and consequences for violating the sexual harassment policies Encourage everyone to report all violations Respond immediately to harassment complaints filed by students, parents, and staff Create an environment to report complaints of harassment confidentiality

Copyright © Allyn & Bacon 2007 Teacher Freedoms Constitutional rights and freedoms of the teacher as a citizen Statutory relationships that govern the conduct of the public schools Contractual conditions of employment

Copyright © Allyn & Bacon 2007 Teacher Dismissal Tenure is a statutory right to hold office or employment and to receive the benefits of the positions Avoid any actions that constitute harassment or intimidation Establish ample documentation prior to dismissal Homosexuality and adultery are not grounds for dismissal Conviction of a felony or series of misdemeanors may form grounds for dismissal and revocation of the teaching certificate