COURSE SYLLABUS Course Number: EDUL 6315.01R Course Name: Ethics & School Law INSTRUCTOR INFORMATION Instructor: Dr. Fred Guerra Office: Edinburg Campus Office Hours: Monday - Thursday from 9- 5 p.m. and by appointment Do not hesitate to send me an email if we need to talk so we can agree on a convenient time for a phone call, Connect session, or a meeting. Office Telephone: 956-665-7333 E-mail: [email protected] Response Time: Generally, I will respond to emails within 24 hours of receiving them. If I plan to be away from my computer for more than a couple of days, I will let you know in advance. Any technical questions can be referred to Blackboard Support. I will update the online grades each time a grading session has been complete—typically 3 days following the completion of an activity. You will see a visual indication of new grades posted on your Blackboard home page under the link to this course. COURSE DESCRIPTION The study of law in educational leadership preparation is for the most part well-accepted practice. Public schools operate under a comprehensive and sometimes confusing set of local, state, and federal laws and policies, and certain legal requirements do exist. You will be expected to make rational decisions in an irrational environment and defend these decisions based on established legal and ethical principles. For all practical purposes, school administrators are "the law" and generally serve as chief investigator, prosecutor, judge, jury and executioner. EDUL 6315 covers such topics as. 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, and case-law presentations. Prerequisite None required Page 1 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus TEXTBOOK & COURSE MATERIALS Required Text The Educator's Guide to Texas School Law Eighth Edition By Jim Walsh, Frank Kemerer, and Laurie Maniotis, ISBN-10: 0292760841, ISBN-13: 978-0292760844 Law and Ethics in Educational Leadership by David Stader ISBN-10: 0132685876 ISBN-13: 978-0132685870 Recommended Texts & Other Readings Recommended readings will be available as web links in each weekly learning module under the learning activities folder COURSE OBJECTIVES Introduction to Texas public school law and ethics Articulate the source of authority for the conduct of public schools with 80 % accuracy State the role of local policy and explain in an essay the relationship of local policy to other law relative to education with 80 % accuracy Student Search Create scenarios where both probable and reasonable cause is and is not warranted by case laws or other legal statues with 80 % accuracy School Safety Prepare a presentation on how an administrator should legally deal with both bullying and cyberbullying with 80 % accuracy Religion in the Schools Create scenarios in an essay which meet the standards of the Lemon v. Kurtzman decisions otherwise known as the Lemon Test with 80 % accuracy Student Discipline Create a presentation that explains Chapter 37 of the Texas Education Code with 80 % accuracy Page 2 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus TECHNICAL REQUIREMENTS Computer Hardware To participate in this online course, you should have easy access to a computer less than 5-years old with high-speed internet connection via cable modem, LAN or DSL. To ensure you are using a supported browser and have required plug-ins please refer to Supported Browsers, Plugins & Operating Systems for Blackboard Learn from Blackboards resource page. Student Technical Skills You are expected to be proficient with installing and using basic computer applications and have the ability to send and receive email attachments. Software Mozilla’s Firefox (latest version; Macintosh or Windows) Google Chrome (latest version; Macintosh or Windows) Adobe’s Flash Player & Reader plug-in (latest version). Apple’s QuickTime plug-in (latest version). A free download is available at Virus protection UTRGV Software link Microsoft Office UTRGV Software link Weekly discussion boards Recorded Tegrity sessions Technical Assistance If you need technical assistance at any time during the course or to report a problem with Blackboard you can: Visit the Blackboard Student Help Site Submit a Blackboard Help Ticket Page 3 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Help Contact Information (UTRGV’s Blackboard Support): Brownsville Campus Edinburg Campus Location: Rusteberg Hall Room 108 Location: Education Building Room 2.202 Phone: 956-882-6697 or 956-882-6792 Phone: 956-665-5327 Monday – Thursday 7:30AM – 7:00PM Monday – Thursday 7:30AM – 7:00PM Friday: 7:30 AM – 6:00PM Friday: 7:30 AM – 6:00PM COURSE ORGANIZATION & ONLINE TOOLS Course Structure: This course will be delivered entirely online through the course management system Blackboard Learn. You will use your UTRGV account to login to the course from the My UTRGV site and under applications click on Blackboard Learn. This course is organized into 4 weekly sections. Each week contains assigned weekly reading materials, PowerPoint lectures, discussion assignment, a selfassessment and a weekly quiz. To actively participate in this course you will need to get familiar with the course environment. We will be using different tools such as Discussion Board and Tegrity. If you are not familiar with how to navigate this environment as a student or use any of these tools, please review the following Blackboard Orientation page. Ex. The course is organized into weeks of instruction, as outlined in the Course Schedule and Due Dates below. Each week is listed by its main topic and contains required readings, videos, mini lectures, discussion forum assignments, essay and framework assignments, and collaborative assignments that you complete working in teams. Note: Most materials used in conjunction with the course are subject to copyright protection. Discussion Forums You will find the following discussion forums in the course Blackboard site: General Help: Post any questions or comments you may have about course mechanics or technical issues to this forum. Forums related to collaborative and discussion assignments, as described in Learning Module sections Page 4 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Forums versus Email If you have a question about course content or mechanics, I encourage you to post it to the General Help discussion forums. Doing so gives students in the course an opportunity to help one another and allows everyone to benefit from answers to your questions. Of course, don’t hesitate to email me directly if your concern is of a personal nature. My role in discussion forums is that of a facilitator. I will occasionally correct misconceptions and/or redirect conversations that need redirecting. I may also post comments following the completion of discussion indicating my general impressions of the comments and conclusions. Assignments Unless indicated otherwise in Weekly materials, you will submit Discussion Boards, Case Studies, Research Papers, etc. to its respective assignments area. The due dates in Assignments match the due dates in the schedule below. Collaborate In addition to the learning activities noted above Live sessions using Collaborate could be requested during the semester at dates and times to be announced. For more information about Collaborate, visit Blackboards website Collaborate Handouts for Participants TOPIC OUTLINE/SCHEDULE Important Note: Activity and assignment details will be explained in detail within each week's corresponding weekly content area. If you have any questions, please contact your instructor. COURSE LEARNING OBJECTIVES PROGRAM SLOS 1 2 2 2 TEXAS PRINCIPAL STANDARDS TEXAS PRINCIPAL INDICATORS ELCC STANDARDS ELCC 3 I, ii, iii, iv 3 5 6 3.3 5.1, 5.2, 5.3, 5.4 6.2 Page 5 INDICATORS EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Program Goals – List your program goals here that were completed at the first meeting. Texas Principal Standards (TEA) Standard 3--Executive Leadership. The principal is responsible for modeling a consistent focus on and commitment to improving student learning. ELCC Standards Course Goals – Course goals should stem from your program goals. Standard 3 indicators: i) Resiliency and change management. The principal remains solutionsoriented, treats challenges as opportunities, and supports staff through changes. (ii) Commitment to ongoing learning. The principal proactively seeks and acts on feedback, reflects on personal growth areas and seeks development opportunities, and accepts responsibility for mistakes. 3.3 Candidates understand and can promote school-based policies and procedures that protect the welfare and safety of students and staff within the school. (iii) Communication and interpersonal skills. The principal tailors communication strategies to the audience and develops meaningful and positive relationships. 5.1 Candidates understand and can act with integrity and fairness to ensure a school system of accountability for every student’s academic and social success. (iv) Ethical behavior. The principal adheres to the educators' code of ethics in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators), including following policies and procedures at his or her respective district. 5.2 Candidates understand and can model principles of self-awareness, reflective practice, transparency, and ethical behavior as related to their roles within the school. 5.3 Candidates understand and can safeguard the values of democracy, equity, and diversity within the school. 5.4 Candidates understand and can evaluate the potential moral and legal consequences of decision making in the school. 6.2 Candidates understand and can act to influence local, district, state, and national decisions affecting student learning in a school environment. Page 6 EDUL 6315 Ethics & School Law Week Week 1 Mon. 7/11 Course Goal # Summer 2 – 2016 Syllabus Assessment To demonstrate learning students will: Learning Objectives On completion of this instruction, students will be able to: Introduction to Texas public school law and ethics & The law of Education Articulate the source of authority for the conduct of public schools with 80 % accuracy Identify the U. S. Constitutional provisions having greatest applicability to public education, and will be able to give examples of applicable cases with 80 % accuracy State the role of local policy and explain in an essay the relationship of local policy to other law relative to education with 80 % accuracy Explain the operation of the court system in the educational process and be able to differentiate the federal and state system with 80 % accuracy differentiate the roles of state and federal legislatures in the development and control of public education with 80 % accuracy give examples of the role of Federal Legislation in the development and control of public education with 80 % accuracy Assignment 1 - Case Study Analysis Confused Yet? This case study introduces candidates to the ambiguity and complexity of school law. It also illustrates that even experienced principals find themselves sometimes confused and occasionally overwhelmed by new issues that emerge. Some possibilities for discussion include: 1. 2. List some examples of law that impact P12 teachers and administrators. How are these laws similar and different? Read: 1. 2. 3. 4. View: 5. 6. DUE: Sunday – July 17 Assignment 2 - Connecting to “Real-life” Application – Suit 3 on page 31 - This vignette considers the search of an 8th grade female student for illegal contraband. Student rights to be free of unreasonable search and seizure in schools are an example of Constitutional law. The legal question is: “Was the search of LaDonna Jones’ person and property reasonable under the circumstances?” Answer the 3 questions below. Questions: 1. Which type of law does it represent? State law, federal law, or constitutional law? 2. Is the scenario criminal or civil? 3. What is the legal question in the scenario? DUE: Sunday – July 17 Page 7 Learning Materials & Technology What will students need/use (textbook, website, software)? Learning Activities What will students do (read, watch, discuss)? Read Chapter 1 & 2 Educators Guide Read Chapter 2 – Law & Ethics Assigned Readings Instructor Materials PowerPoint – Intro. To School Law PowerPoint - Chapter 2 -The Law of Education Complete: 1. Self-Introduction 2. Assignment 1 – “Confused Yet?” 3. Assignment 2 - “Real-life” Applications Learning Materials The Educator's Guide to Texas School Law Eighth Edition By Jim Walsh, Frank Kemerer, and Laurie Maniotis Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader. Texas Education Code http://www.statutes.legis.stat e.tx.us/?link=ED Sources of public school law http://guides.ll.georgetown.e du/c.php?g=316589&p=21148 05 Technology Blackboard to submit assignments EDUL 6315 Ethics & School Law Wed. 7/13 Religion in the Schools Legal framework (Establishment clause) Explain in an essay the Establishment clause with 80 % accuracy. Create scenarios in an essay which meet the standards of the Lemon v. Kurtzman decisions otherwise known as the Lemon Test with 80 % accuracy School Prayer generate scenarios in an essay under which conditions school prayer may or may not be permissible using previous case law or other legal statues with 80 % accuracy The Pledge of Allegiance generate scenarios in an essay under which conditions that the Pledge of Allegiance may or may not be permissible using previous case law or other legal statues with 80 % accuracy Teaching Creation Science generate scenarios in an essay under which conditions that teaching Creation Science may or may not be permissible using previous case law or other legal statues with 80 % accuracy Secular Humanism and Pagan Religion generate scenarios in an essay under which conditions secular humanism and the practice of pagan religion may or may not be permissible using previous case law or other legal statues with 80 % accuracy Holiday Observances - Student Programs (Choir programs) generate scenarios in an essay under which conditions in which Religious programs may or may not be permissible using previous case law or other legal statues with 80 % accuracy Summer 2 – 2016 Syllabus Assignment #3 – (Chapter 3) - Case Study Analysis – Candy Canes: pg. 34 (Stader) - This case study introduces the controversy surrounding the role of religion in public schools, student rights to expression, and how school district policy regarding religious expression that may seem reasonable on the surface may generate community controversy. Some possibilities for discussion may include: 1. 2. 3. In what ways does this case study illustrate the controversy over religion in public education? Can you think of other areas of religious expression in public schools that create controversy? Does the North Suburban School District policy regarding elementary student distribution of religious messages to other students seem reasonable? Why would the East Unity minister have a problem with the policy? Is it possible to have a policy regarding student religious expression in school or school events that would satisfy everyone? DUE: Sunday – July 17 Assignment #4 - Cooperative Learning Activity – Paired Student Work. Between you and your classmate, review and determine which school district has a school district policy or practice regarding distribution of literature by students. Does the policy or practice create a limited open forum? A closed forum? Write a one-paragraph summary that is double-spaced, Times New Roman – size 12 font.. DUE: Sunday – July 17 Religious Literature generate scenarios in an essay under which conditions in which distribution Religious literature Page 8 Read: 1. 2. 3. View: 4. 5. Read Chapter 7 - Walsh Read Chapter 3 – Stader Assigned Readings View Chapter 3 – Education, Religion, and Community Values PowerPoint Instructor Materials Complete: 4. Assignment 3 – “Candy Canes” 5. Assignment 4 – Cooperative Learning Activity Learning Materials The Educator's Guide to Texas School Law Eighth Edition By Jim Walsh, Frank Kemerer, and Laurie Maniotis Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader Religion in Public Schools http://www.firstamendmentschoo ls.org/freedoms/religiouslibertyfa qs.aspx Religion in Texas Schools https://www.tasb.org/Services/Le gal-Services/TASB-School-LaweSource/Community/Religion-inthe-PublicSchools/documents/rel_txempgui de.pdf Technology Quiz tool Discussion Board Assignment EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus may or may not be permissible using previous case law or other legal statues with 80 % accuracy Religious Meetings on Campus generate scenarios in an essay under which conditions in which Religious meetings may or may not be permissible using previous case law or other legal statues with 80 % accuracy Page 9 EDUL 6315 Ethics & School Law Week 2 Mon. 7/18 Student Discipline Chapter 37 of the Texas Education code create a presentation that explains Chapter 37 of the Texas Education Code with 80 % accuracy Student code of conduct explain in an essay Texas laws which require a Student Code of Conduct with 80 % accuracy Teacher initiated removal generate scenarios in an essay under which conditions in which teachers may initiate removal of a student may or may not be permissible using previous case law or other legal statues with 80 % accuracy Suspension generate scenarios in an essay under which conditions in which teachers may initiate suspension of a student may or may not be permissible using previous case law or other legal statues with 80 % accuracy Removal to a DAEP generate scenarios in an essay under which conditions for the removal of a student to an alternate school setting may or may not be permissible using previous case law or other legal statues with 80 % accuracy Expulsion generate scenarios in an essay under which conditions in which teachers may initiate expulsion of a student may or may not be permissible using previous case law or other legal statues with 80 % accuracy Emergency Actions Explain in an essay what type of emergency actions may be taken by a campus administrator with 80 % accuracy generate scenarios in an essay under which conditions in which emergency actions may or may not be permissible using previous case law or other legal statues with 80 % accuracy Summer 2 – 2016 Syllabus Assignment # 5 - (Chapter 4) - Connecting to “Real-life” Application – Pg. 57 (Stader) “Shanna’s Shirt”: This case study introduces candidates to student speech that at least some members of the school community may find inappropriate. The questions are: 1) under what circumstances is controversial student speech permissible? 2) Under what circumstances may student speech be suppressed? The answer to these questions and others surrounding student First Amendment rights on campus are addressed in this chapter. Some possibilities for discussion include: 1. 2. 3. Should students have any right to express controversial ideas at school? Does student expression that ‘offends’ a few teachers justify suppressing the expression? Under what circumstances students should be allowed to freely express their views on controversial subjects? DUE: Sunday, July 24 Assignment #6 (Chapter 5) - Connecting to “Real-life” Application – Pg. 83 (Stader) “The Case of the Powdered Aspirin”: This case helps school leadership candidates understand the conflict between the need for a drug-free school culture and the equally compelling ethical requirement that all students be treated fairly. The case study also sets the stage for discussions about procedural and substantive due process and the idea of a wellordered school. Some possibilities for discussion include: 1. 2. 3. Is this case study a structured or illstructured problem? What characteristics of the case justify your answer? What evidence did Principal Daniels gather to support her suspension of Lasiandra? Why would Principal Daniels suspend Lasiandra for disrupting instruction rather Page 10 Read: 1. 2. 3. View: 4. Read: Chapter 8 & 9 – Walsh Read: Chapters 4 & 5 – Stader Instructor Materials Chapter 4 – Students Privacy & 1st Amendments Rights / Chapter 5 – Due Process, Student Discipline, Athletics, and Title IX PowerPoints Complete: 5. Week 6 Discussion 6. Assignment 5 – Shanna’s Shirt” 7. Assignment 6 – “The Case of the Powdered Aspirin” 8. Assignment 7 – “Bad Boys” Learning Materials The Educator's Guide to Texas School Law Eighth Edition By Jim Walsh, Frank Kemerer, and Laurie Maniotis, Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader. Chapter 37 of the Texas Education Code http://www.statutes.legis.state.tx.us/ Docs/ED/htm/ED.37.htm Texas Education Agency Discipline http://tea.texas.gov/Texas_Schools/ Safe_and_Healthy_Schools/Chapte r_37_-_Safe_Schools/ Texas Open Meetings http://tea.texas.gov/About_TEA/Con tact_Us/General_Inquiry/General_In quiry_-_School_Board_FAQ/ Technology Quiz tool Discussion Board Assignment EDUL 6315 Ethics & School Law Corporal punishment generate scenarios in an essay under what conditions corporal punishment of a student may or may not be permissible using previous case law or other legal statues with 80 % accuracy Suspension from Extracurricular activities generate scenarios in an essay under which conditions for suspension from extracurricular activities of students may or may not be permissible using previous case law or other legal statues Privacy Issues: Texas open meetings act Explain in an essay the requirements of the Texas Open Meetings Act with 80 % accuracy Texas Public information act explain in an essay the Texas Public Information Act with 80 % accuracy Educator Privacy act generate scenarios in an essay under which conditions for the Educator Privacy act using previous case law or other legal statues with 80 % accuracy Student Privacy act generate scenarios in an essay under which conditions for the Student Privacy act using previous case law or other legal statues with 80 % accuracy Summer 2 – 2016 Syllabus 4. than possession of over-the-counter drugs with the intent to “huff” the drugs? Lasiandra’s parents are meeting with the superintendent to appeal her suspension. Assume that the superintendent supports Principal Daniels and Lasiandra’s parents sue the district. What legal questions would the court consider? DUE: Sunday, July 24 Assignment #7 - Connecting to “Real-life” Application – Pg. 99 (Stader) Bad Boys: This case illustrates the challenges presented by student off-campus behavior. Candidates should recognize the different standards for student discipline for on-campus and off-campus behavior. Candidates should acknowledge that a link or nexus between the off-campus behavior and campus disruption is usually necessary to justify punishing students for their off-campus behavior. Candidates should also recognize the substantive due process challenges presented by school rules such as “some impact on what happens in school.” An accomplished response may include: 1. 2. 3. Analysis: Illegal drug possession by students anywhere should be taken seriously. However, has a link between Kyle’s arrest for possession of a small amount of marijuana and substantial disruption at school been established? Legal Question: Would the expulsion of Kyle Lacy for the remainder of the semester under the circumstances violate his procedural and substantive due process rights? Ethical Perspectives: You should recognize the foundation of a wellordered school rests on a system of rules that can be publicly justified. Regardless of one’s personal viewpoint, the concept of a well-ordered school requires school leaders to respect Kyle Lacy’s right to be treated fairly. It may seem rational to expel Kyle to send a strong message to Page 11 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus 4. 5. 6. students and the community that illegal drug possession will not be tolerated. But is it reasonable? Legal Knowledge: You should recognize that expelling Kyle for the remainder of the semester requires a link between his arrest and disruption at school. You should also recognize that the rule may be vague and overbroad and thus violate Kyle’s substantive due process rights. Standards Based Knowledge: ISLLC Standard 3C (Promote and protect the welfare and safety of students) and Standard 5D (Consider and evaluate the potential moral and legal consequences of decision-making) are appropriate standards. Depth of Knowledge: Provide an analysis of the legal and ethical challenges presented by the case and the synthesis of this knowledge into a coherent argument. DUE: Sunday, July 24 Page 12 EDUL 6315 Ethics & School Law Student Search Probable and Reasonable cause define both probable and reasonable cause with 80 % accuracy create scenarios where both probable and reasonable cause is and is not warranted by case laws or other legal statues with 80 % accuracy Wed. 7/20 Summer 2 – 2016 Syllabus Assignment # 8: Case Study Analysis - “Walk About” - Pg. 100 (Stader) - A search of a student’s person or property may start as a reasonable search, but can quickly escalate into an unreasonable one. “Walk About” illustrates this slippery slope. Some possibilities for discussion include: Read: 9. Read: Chapter 6 – Stader 10. Instructor Materials 1. Is this case study an example of a structured or ill-structured problem (problems with no easy or clear-cut solution)? You may consider this to be a structured problem. However, just about any search is an ill-structured problem for a variety of reasons. In this case concerns about drugs (even over-the-counter drugs) being sold at lunch is a significant problem that should be addressed. Tasha is most likely violating school rules by skipping math class and hiding behind some shrubberies. But, does this justify the search of her purse? Complete: 12. Assignment 8 – “Walk About” 13. Assignment 9 – “Hello Operator” 2. Does a tip from an “unreliable” source that Tasha is selling pills during lunch justify a search of her purse? Of her brassiere? Conditions for students search by a teacher, administrator and school security officer identify conditions that searches may be done by a teacher, administrator or a school security officer with 80 % accuracy Nonintrusive searches explain when nonintrusive searches may be conducted with 80 % accuracy Field trips and overnight stays generate scenarios in an essay which explain under which conditions student searches may or may not be warranted during a school sponsored field trip or overnight stay with 80 % accuracy Student lockers generate scenarios in an essay which explain under which conditions student locker searches may or may not be warranted using previous case law or other legal statues with 80 % accuracy Metal detectors generate scenarios in an essay which explain under which conditions metal detectors may or may not be warranted using previous case law or other legal statues with 80 % accuracy Random sweeps for contraband generate scenarios in an essay which explain under which conditions random sweeps for contraband may or may not be warranted using previous case law or other legal statues with 80 % accuracy Drug dogs generate scenarios in an essay which explain under which conditions drug sniffing dogs’ searches may DUE: Sunday, July 24 Assignment #9 - Connecting to “Real-life” Applications - “Hello Operator” Pg. 118 (Stader) This case requires candidates to apply New Jersey v. TLO and Bentham’s Principles of Proportionality to the search of a student cell phone. An accomplished response may include: Question – Justify your answer. Argue for or against the legality of the search of Susan’s cell phone text messages. 1. Analysis: You should recognize that the search of Susan’s cell phone is an invasion of privacy of some magnitude. At the same time, candidates should understand that the search of the phone (justified or not) revealed evidence that Susan may be involved in risky behavior. The balance between the reason for the search in the first place and the information obtained creates a dilemma. If AP Donner searches the Page 13 View: 11. Chapter 6 – Student Search PowerPoint Learning Materials Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader Students Rights https://www.texasbar.com/AM/Temp late.cfm?Section=Schools1&Templa te=/CM/ContentDisplay.cfm&Conten tID=23604 Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/ EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus or may not be warranted using previous case law or other legal statues with 80 % accuracy Automobile searchers generate scenarios in an essay which explain under which conditions student automobile searches may or may not be warranted using previous case law or other legal statues with 80 % accuracy Drug (Urinalysis) testing generate scenarios in an essay which explain under which conditions drug testing of students may or may not be warranted using previous case law or other legal statues with 80 % accuracy 2. 3. 4. 5. 6. phone, Susan’s risky behavior can be addressed. If she does not, Susan’s behavior may continue with potential negative consequences for Susan. Legal Question: Was the search of Susan Smith’s cell phone text messages reasonable under the circumstances? Ethical Perspectives: You may elect to cite specific Principles of Proportionality to argue for or against the search. You may also elect to use Rawls’ concept of a well-ordered school to justify their argument. Legal Knowledge: You should cite the principles of student search established in New Jersey v. TLO. Standards Based Knowledge: ISLLC Standard 3C (Promote and protect the welfare and safety of students) and Standard 5B (Self-awareness, reflective practice, transparency, and ethical behavior) are appropriate responses. Depth of Knowledge: You should be able to synthesize the parameters set by the U.S. Supreme Court and the Principles of Proportionality presented in this chapter to articulate an argument for or against the legality of the search of the cell phone under the circumstances. DUE: Sunday, July 24 Page 14 EDUL 6315 Ethics & School Law School Safety Bullying and Cyber bullying Identify in an essay the legal definitions of bullying and cyberbullying with 80 % accuracy prepare a presentation on how an administrator should legally deal with both bullying and cyberbullying with 80 % accuracy Sexting identify in an essay the legal definitions of sexting with 80 % accuracy Week 3 – Mon. 7-25 prepare a presentation on how an administrator should legally deal with sexting with 80 % accuracy Threat assessment define in an essay what is meant by threat assessment. create scenarios in an essay which explain which follow the steps of threat assessment on a campus with 80 % accuracy Zero tolerance create scenarios in an essay which explain which follow the steps for Zero Tolerance with 80 % accuracy Sexual harassment Write an essay which uses the legal definition of Sexual Harassment in order to create scenarios on how to legally handle cases of Sexual Harassment for students, employees and administrators with 80 % accuracy Liability under Title IX (office of civil rights) explain in an essay the conditions for liability under Title IX of the Civil Rights Act with 80 % accuracy Security cameras Explain in an essay the conditions for the use of security cameras in the public schools with 80 % accuracy Summer 2 – 2016 Syllabus Assignment #10 - Case Study Analysis - “That’s Not Fair” Pg. 120 (Stader) - This case study is designed to promote discussions of school safety, weapon possession, and zero tolerance. The case introduces candidates to the problem of student-onstudent bullying based on real or perceived sexual orientation. It also promotes discussion of whether or not all weapon possession on campus should be treated equally. Some possibilities for discussion include: 1. Does this case study represent a structured or ill-structured problem? List 1 or 2 characteristics of the case that support your conclusion. Some principals tend to view the case as a structured problem because of the knife or weapon involved. It should be acknowledged that all weapon possession on campus should be taken seriously. However, in this case there is no evidence that Megan presents a danger to herself or others. The illstructured nature of the case is how should Megan be treated? 2. Should all weapon possession on campus be treated similarly? Should Megan be expelled? DUE: Sunday, 7/31 Assignment #11 – Connecting to “Real-life” Applications - “The Lady in Red” Pg. 142. (Stader) - This case presents you with a dilemma that is becoming relatively common. More lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth are expressing their sexual identity each school year. While it may be a positive sign that sexual minority youth are feeling more comfortable acknowledging their identity, it still presents significant challenges to school leaders in many parts of the county. In this case study, you are required to put your own views aside and confront the problem of community values versus student rights to be free of harassment and bullying. Question – Argue for against allowing Andrew Wade to attend the Homecoming dance with Lindsay as his Page 15 Read 14. Read: Chapter 7 – Stader 15. Instructor Materials 16. TEA Website View: 17. Chapter 7 – School Safety PowerPoint Complete: Self-Assessment 4 Week 4 Discussion Assignment 7 Assignment 8 Learning Materials Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader Bullying http://tea.texas.gov/index4.aspx?id= 2147509560&menu_id=214748374 2&ekfxmen_noscript=1&ekfxmensel =e9edebdf8_2147483742_2147483 744 Technology Assignment EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus date. What legal protections, if any, does Andrew Wade have? An accomplished response may include: 1. 2. 3. 4. 5. 6. Analysis: You should recognize the illstructured nature of the problem scenario. It appears that at least some vocal members of the school community are expressing concerns over Andrew Wade’s date to the prom. In addition, a few students are taunting and possibly bullying Andrew because of his choice of dates. Finding the balance between security for Andrew and the basic idea that he may invite a date to the prom as any other eligible student can be difficult in some school cultures. Legal Question: Is it permissible to ban Andrew Wade’s date to the prom based on concerns over security? Because his date is allegedly transgender? Ethical Perspectives: Bentham views equity or fairness as subservient to security. But, in this case, the question is should fairness to Andrew Wade trump security? Legal Knowledge: You should recognize that LGBTQ students have the same protections as other students in school. Standards Based Knowledge: ISLLC Standard 3C (Promote and protect the welfare and safety of students) and Standard 5C ( Safeguard the values of democracy, equity, and diversity) are appropriate responses. Depth of Knowledge: You should be able to combine the elements of Bentham’s view of the purpose of policy to promote security and equity, case law regarding the legal protections available to LGBTQ youth to be free of harassment and bullying, the need for safety at the school prom, and Andrew Wade’s right to be treated fairly. You may recognize that prohibiting Andrew’s date from attending the prom while allowing similarly situated heterosexual students may be a form of viewpoint discrimination and/or an equal protection concern. Finally, a few of you may refer to the “heckler’s veto” referred to in an earlier chapter. DUE: Sunday, July 31 Page 16 EDUL 6315 Ethics & School Law Equal Protection, English Language Learners, and Desegregation Examine the controversy surrounding the children of illegal aliens enrolling in public schools and the issue of silent tracking Critique the relationship between social justice, social capital, and school structures Analyze Rawls’ Principles of Justice as they relate to social justice, equality of opportunity, the justification of inequalities, and school culture Examine the legal concept of equal protection as it applies to student discrimination in access, placement, and discipline Develop an understanding of the legal rights of English language learners to attend public schools Analyze the history of school desegregation and how the idea of equal protection is applied to current school district efforts to retain or promote integrated schools Summer 2 – 2016 Syllabus Assignment #12 - Case Study Analysis - “In All Fairness” Pg. 145 (Stader) - This case study introduces you to the controversy surrounding legal and illegal alien families and children and public school attendance. The case study further introduces you to the implied silent tracking of Michael. Silent tracking is the most insidious and difficult form of discrimination for school leaders to recognize and confront. Silent tracking can be defined as the unjust utilization of school structures such as placement in classes or grades based on the race or color of the student. Some possibilities for discussion include: 1. 2. 3. 4. Is the case study “In All Fairness” a structured or ill-structured problem? The case of Alejandro (at least in most states under current law) is relatively structured. The case of Michael is much more ill-structured. You should distinguish between the two cases. Should students be required to show a U.S. birth certificate or demonstrate legal status before being allowed to attend public schools? Think about the case of Michael. Why would counselors place Michael in lower track classes even after he requested that he be placed in college prep courses? Is this a form of discrimination? Some forms of discrimination are obvious, others much more subtle. The case of Michael may be an example of subtle discrimination. Why would these types of incidents be difficult to confront? Page 17 Read: 18. Read – Chapter 8 – Stader View: 19. Chapter 8 – Equal Protection, English Language Learners, and Desegregation PowerPoint Learning Materials Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader EDUL 6315 Ethics & School Law Wed. 7/27 Children with Disabilities (IDEIA) Examine the challenges associated with IDEIA Analyze the relationship between equity, the justification of inequalities, and special education law Analyze the goals of IDEIA 2004 Critique the responsibility school districts have in identifying and evaluating children for potential disabilities Analyze the concept of an appropriate education as defined by IDEIA and the U.S. Supreme Court Examine the controversy surrounding prescription drugs as part of the IEP Summer 2 – 2016 Syllabus Assignment #13: Case Study Analysis - “When Good Parents Go Bad” Pg. 162 (Stader) - One of the more difficult, contentious, and litigated issues occurs when school districts (teachers, administrators, and so forth) become at odds with parents. It must always be remembered that parents of special needs children, like all other parents in the district, want what is best for their children. Justin’s parents are no different. They want Justin to have the same opportunities as every other student at Montclair Middle School. Mr. Slaton has an affirmative duty to maintain a reasonably safe and orderly classroom. A “dirty shop” is different than a regular classroom, and special risks and dangers are apparent. Mr. Slaton contends that Justin is a danger to himself and others in the classroom. Justin’s parents contend that Mr. Slaton has a problem with Justin. Both may be correct. The problem is how to balance Mr. Slaton’s duty with the legal rights of Justin Jones. Some questions for discussion may include: 1. 2. 3. Is this case study a structured or illstructured problem? What characteristics of the case justify your answer? How can Principal Marina Marshall balance the obligation of Mr. Slaton to maintain a reasonably safe classroom and Justin’s legal right to an appropriate education? Why do you think special education is the most litigated issue in education law? DUE: Thurs., Aug. 4 Page 18 Read: 20. Chapter 9 – (Stader) 21. Chapter 3 (Walsh) View: 22. Chapter 9 - Children with Disabilities PowerPoint Learning Materials The Educator's Guide to Texas School Law Eighth Edition By Jim Walsh, Frank Kemerer, and Laurie Maniotis Law and Ethics in Educational Leadership, 2nd Edition. David L.Stader EDUL 6315 Ethics & School Law Mon. 8/1 Discuss graduation requirements and high stakes testing for students with disabilities Analyze the Least Restrictive Environment as defined by IDEIA Apply procedural safeguards to child with disability and examine dispute resolution Analyze campus discipline policies as the policies apply to children with disabilities Examine the conflict between school safety and students with disabilities Explore Section 504 of the Rehabilitation Act of 1974 Summer 2 – 2016 Syllabus Assignment #14 - Connecting to Practice – Pg. 181 (Stader) - The Case of the Riverboat High School Cat Burglar: This case study illustrates the challenges inherent in the discipline of students with a disability. Samantha Stone has demonstrated some behavioral issues over a fairly long period of time. Consequently, the IEP team has developed a behavioral intervention plan that has apparently worked effectively, at least until recently. An alternative placement would require an 11-day IEP, a manifestation determination, a review of Samantha’s (and Elvira’s) IEP, and her behavioral intervention plan. The question, of course, is whether or not her behavior is a manifestation of her disability. This case is further complicated by Samantha’s opportunity to attend an Ivy League college, her enrollment in AP courses, and college English. It can be assumed that her failure to complete these courses would result in her rejection by an elite college. An accomplished response may include: 1. 2. 3. Analysis: This case may, at first glance, appear to be a structured problem and Samantha, or at least Elvira, should be suspended for stealing. If Samantha was not classified as a child with a disability, a longterm suspension, or even expulsion, may be in order. However, this is not the case. An accomplished response would recognize the illstructured nature of the problem, recognize that an alternative placement may not offer an appropriate educational opportunity for Samantha, and the potential liability to the district for failure to provide a least restrictive environment. Legal Question: Is Samantha’s behavior a manifestation of her disability? Ethical Perspectives: An accomplished response may include a referral to a wellordered school (Rawls’ first principle), the justification of inequalities (Rawls’ second principle), Bentham’s utilitarian ethics of the greater good and the need for proportional punishment, or the need for security. Page 19 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus 4. Wed. 8/3 5. 6. Legal Knowledge: Candidates should demonstrate an understanding of IDEIA and acknowledge the difficulty presented by students with disabilities. Standards Based Knowledge: ISLLC Standards 4C (Build and sustain positive relationships with families and caregivers), 3C (Promote and protect the welfare and safety of students and staff), 5B (Model principles of self-awareness, reflective practice, transparency, and ethical behavior), and 5E (Promote social justice and ensure that individual student needs inform all aspects of schooling) are appropriate standards. Depth of Knowledge: An accomplished response should demonstrate an analysis of the legal and ethical challenges presented by the case and the synthesis of this knowledge into a coherent argument. DUE: Thurs., Aug. 4 GRADING POLICY Graded Course Activities List all activities, tests, etc. that will determine the students’ final grade. Choose the appropriate chart below based on your grading policy such as points or weight. You can also alter the chart to reflect your needs. Description 7 – Case Study Analysis (See Rubric) Points 100 points 6 - Connecting to “Real-life” Applications 1 – Cooperative Learning Activity Total Points Possible 100 points 100 points 1400 points Page 20 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Include an explanation between the relationship of points earned and final letter grade. A = 1400 to 1325 B = 1324 to 1249 C = 1248 to 1173 F = 1172 & Below Late Work Policy Be sure to pay close attention to deadlines—there will be no make-up assignments or quizzes, or late work accepted without a serious and compelling reason and instructor approval. No assignment will be accepted after 2 days. For every day late there will be a 10 point deduction in the letter grade. Viewing Grades in Blackboard Points you receive for graded activities will be posted to the Blackboard Grade Book. Click on the My Grades link on the left navigation to view your points. Your instructor will update the online grades each time a grading session has been complete—typically 3 days following the completion of an activity. You will see a visual indication of new grades posted on your Blackboard home page under the link to this course. COURSE POLICIES Participation This course is a reducing course which means 50% is face-to-face, and the other 50% is done on-line. Your active participation is required. Here are some tips for success: In discussion forums, you learn from one another by posing questions, justifying your comments, and providing multiple perspectives. When you prepare for discussions through thoughtful reflection, you contribute to your own successful learning experience as well as to the experience of your peers. Log in to the course frequently (at least several times per week for long semesters and daily for summer sessions) and check the announcements. This will keep you apprised of any course updates, progress in discussions, assignment information, and messages requiring immediate attention. Be aware of and keep up with the Course Schedule in the Syllabus. Participate in team activities to the best of your ability. How well your team does—and how well you do—depends on all the team members working cooperatively. Page 21 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Build Rapport If you find that you have any trouble keeping up with assignments or other aspects of the course, make sure you let your instructor know as early as possible. As you will find, building rapport and effective relationships are key to becoming an effective professional. Make sure that you are proactive in informing your instructor when difficulties arise during the semester so that we can help you find a solution. Complete Assignments All assignments for this course will be submitted electronically through Blackboard unless otherwise instructed. Assignments and discussions must be submitted by the given deadline or special permission must be requested from instructor before the due date. Extensions will not be given beyond the next assignment except under extreme circumstances. Communication Skills All students must have adequate writing skills to communicate content in a professional and concise manner. Students must be proficient in their written presentations including strategies for developing ideas, citing scholarly references, writing style, wording, phrasing, and using language conventions. Students must follow APA guidelines, use non-racist and non-sexist language, and include sufficient references to support their thesis and ideas in the paper. Netiquette Netiquette describes the code of conduct for an online environment. It ensures respect for others and prevents misunderstandings or unintentional offenses to others. The netiquette described here is amended to ensure your success in this course. When you are typing or submitting a response, do not use all capital letters (caps). Caps is equal to SHOUTING YOUR MESSAGE. Although it is customary to use acronyms (ex. ROFL - rolling on floor laughing, BTW - by the way, or FYI - for your information) when chatting online, try to avoid using these. There may be those in this course who are not as experienced as you and may miss out on understanding. Although you are encouraged to participate and ask questions, it is asked that you do not spam other users (SPAM refers to unwanted or excessive email). Before sending mass emails, consider using the discussion board to post general inquiries or requesting assistance from your instructor. Insert writing style preference for your course Time Commitment Online courses are typically just as time intensive, and may be more rigorous than traditional courses. Many students claim that online courses require more time and commitment. As you begin this course, you would be wise to schedule 8 or more hours per week for studying materials and completing assignments. Page 22 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Falling behind in this course is particularly problematic because the concepts we cover are cumulative. This means that not becoming proficient with information and objectives presented and assessed in a particular week can lead to low scores for that week as well as in subsequent weeks. Understand When You May Drop This Course It is the student’s responsibility to understand when they need to consider de-enrolling from a course. Refer to the UTRGV Course Schedule for dates and deadlines for registration. After this period, a serious and compelling reason is required to drop from the course. Serious and compelling reasons includes: (1) documented and significant change in work hours, leaving student unable to attend class, or (2) documented and severe physical/mental illness/injury to the student or student’s family. Incomplete Policy Under emergency/special circumstances, students may petition for an incomplete grade. An incomplete will only be assigned if [insert condition here]. All incomplete course assignments must be completed within [insert timeframe here]. Needs for Students with Disabilities (Inform Your Instructor of Any Accommodations Needed) If you have a documented disability and verification from the Disability Services, and wish to discuss academic accommodations, please contact your instructor as soon as possible. It is the student’s responsibility to provide documentation of disability to Disability Services and meet with a SSWD counselor to request special accommodation before classes start. Brownsville Campus: Disability Services is located in room Cortez Hall Room 129 and can be contacted by phone at (956) 882-7374 (Voice) or via email at [email protected]. Edinburg Campus: Disability Services is located in room 108 University Center and can be contacted by phone at (956) 665-7005 (Voice) (956) 665-3840 (fax) or via email at [email protected]. Commit to Integrity As a student in this course (and at this university) you are expected to maintain high degrees of professionalism, commitment to active learning and participation in this class and also integrity in your behavior in and out of the classroom. UTRGV Academic Honesty Policy & Procedures “The principles of truth and honesty are recognized as fundamental to a community of scholars and teachers. California State University, Sacramento expects that both faculty and students will honor these principles, and in so doing, will protect the integrity of academic work and student grades.” Page 23 EDUL 6315 Ethics & School Law Summer 2 – 2016 Syllabus Read more about UTRGV’s Academic Honesty Policy & Procedures Definitions At UTRGV, Scholastic dishonesty includes but is not limited to cheating, plagiarism, collusion, the 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 give unfair advantage to a student or the attempt to commit such acts. “Plagiarism is a form of cheating. At UTRGV, “plagiarism is the appropriation, buying, receiving as a gift, or obtaining by any means another's work and the unacknowledged submission or incorporation of it in one's own academic work offered for credit.” Source: UTRGV HOP Important Note: Any form of academic dishonesty, including cheating and plagiarism, may be reported to the office of student affairs. Course policies are subject to change. It is the student’s responsibility to check Blackboard for corrections or updates to the syllabus. Any changes will be posted in Blackboard. Page 24
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