EDLD 5344 School Law

Week 5: Reflection

Reflection Throughout this course we have discussed a number of legal issues facing today’s public- school educators. For your final assignment, you will select three legal issues that you feel will be most relevant to you as a school administrator. One of these issues will focus on student management; a second on personnel management. The third can relate to any topic we’ve covered in the course. By giving your responses to the questions that follow, you will 1) record what you have learned in this course, 2) reflect on its significance in your professional life, and 3) develop a plan to further increase your knowledge and skills. Follow These Steps 1. Reflect upon what you have learned about law and public education. 2. Use the guiding questions in each section to stimulate your thinking as you write three 150-word essays. The questions are meant to guide you, but you may not necessarily provide specific answers to all of them. 3. Write reflectively instead of in “question and answer” style, and feel free to add any related thoughts that go beyond the scope of the writing guidelines. 4. Use formal writing style and cite Essential Readings and court decisions that support your ideas. 5. Submit your three completed essays by the end of Week 5.

2009 Lamar University Page 1 of 8 EDLD 5344 School Law

Rubric Use this rubric to guide your work.

Week 5: Needs Accomplished Proficient Unacceptable Reflection Improvement

Reflection Completes all 3 Completes 2 Completes 1 Did not submit essays of the essays of the essay of the reflection reflection reflection reflection assignment assignment assignment assignment (0 points) using the (5 points) (3 points) minimum 150- words requirement (8 points)

Mechanics No mechanical One to four More than five writing errors mechanical mechanical (2 points) writing errors writing errors (1 point) (0 points)

2009 Lamar University Page 2 of 8 EDLD 5344 School Law

Essay 1: Student Management Respond to the questions in the red box. Your essay should:  Use citations from the research when applicable.  Use professional writing protocols.  Use professional language.

 Which of the student-management issues discussed in this course is most relevant to you as a school administrator?

 How have your views changed about the proper policies and procedures to employ regarding student management?  How will the knowledge gained on this topic help you become an effective school leader?  How will it help your staff and your students?

Type your essay in the space below.

As a school administrator, the due process aspect appears to be the most relevant student- management issue discussed in this course. The presented information changed some previously held assumptions and impacted my view on how to approach potentially litigious issues as a school leader. Dr. Hopson (2014) shared several court decisions that should guide a school’s actions: the right of privacy is not specifically mentioned in the constitution (Roe v. Wade), supervisors can be held liable for the actions of an employee if “deliberately indifferent” (Doe v. Taylor), and districts are liable for conduct between students (Davis v. Monroe). In addition, the course went into great details about the 1st, 4th, 5th, and 14th Amendment to the U.S. Constitution. A notable case is New Jersey v. TLO, where it was decided that “schools do not have to meet the standard of “probable cause” when searching students (Using Lamar University, 2009, p. 2). Being better informed about due process will help my effectiveness as an administrator in numerous ways. First, based on Dr. Hopson’s information, I plan to become more familiar with three tort standards as applied in Colorado: respondeant superior – the district is liable, whether they knew or not, constructive notice- the district should have known, and actual notice-the district is liable only if it was given actual notice and did not take action (Hopkins, week 4). Second, with this knowledge, I intend to fully investigate in good faith and with proper documentation, including written statements, conclusions, and actions taken. Third, informal due processes also need to occur so involved parties understand the consequences or action taken for disciplinary issues. Fourth, consistency in formal and informal investigations will communicate

2009 Lamar University Page 3 of 8 EDLD 5344 School Law to students and the staff the transparency of school policies, the equitable application of actions, and the compliance of procedures with state and federal laws. Fifth, and final, professional development should occur regarding due process rights of all individuals so that trust, mutual respect, high expectations, and academic success can be realized.

Hopson, M. (week 2, 2014.). Due process. [film/video]. Beaumont, Texas

Hopson, M. (week 4, 2014). School liability. [film/video]. Beaumont, Texas

Lamar University. (2009). EDLD 5344 TS Case summaries. 1-3. Retrieved from: https://luonline.blackboard.com/bbcswebdav/pid-1356525-dt- content-rid-10191048_1/courses/EDLD_5344_P17_2014_90_AP1/Assets%281%29/EDLD5344%20TS%20Case%20Summaries.pdf

Essay 2: Personnel Management Respond to the questions in the red box. Your essay should:  Use citations from the research when applicable.  Use professional writing protocols.  Use professional language.

 What have you learned about teacher evaluation and remediation that you did not know before taking this class?  How will the information presented in this course help you become a better manager of your school employees?  What aspect of school personnel management do you feel you need to learn more about?  How do you plan to gain this knowledge?

Type your essay in the space below.

Even though I have taught for 18 years, before taking this course, I was not aware of the Constitutional rights of school employees regarding evaluations and remediation. From the video presentations and readings, I learned that teachers are protected by the 14th Amendment (“life, liberty or property without due process of law”) because their contract is considered their “property”; just as a student’s education is considered property (Hopson, week 2). Additionally, Colorado offers probationary or non-probationary contracts and the state recently passed a law (SB 191) stating tenure can be taken away after multiple "ineffective" ratings as well as “require

2009 Lamar University Page 4 of 8 EDLD 5344 School Law reductions in force to be based on effectiveness, rather than seniority” (Bellwether Education Partners, 2011, p. 4). If a teacher is determined to need remediation, my district policy is:

“As soon as possible after completion of the written evaluation report in D-7.4.2, the evaluator and the employee will meet to develop a remediation plan. The remediation plan will include performance expectations, performance indicators, strategies for improvement, reasonable timelines, and resources as provided in section D-9.6.4. In addition, the evaluator will clarify the process for monitoring the remediation plan”

(Using Boulder Valley School District, 2012, p. 25).

This specific information reinforces that need for good documentation. Dr. Hopson clearly outlined some features to assist with this practice: “When you document, always use school letterhead, and make sure you date your document. Good documentation clearly describes the nature of the allegation against the employee, and how you investigated the complaint” because, without substantial proof, there is no merit to the claims (Hopson, week 3).

Along with adhering to district policy and state and federal laws, I need to make thoughtful decisions to ensure my actions are fair and reasonable. In order to do this, it is crucial that a trusting and respectful environment is established. This environment can be shaped through not only my knowledge concerning state and district evaluation and remediation processes, but also my guarantee that documented teacher incidents are not violating their due process rights or creating an adversarial situations. Kersten and Israel (2005) compiled several suggestions that are valuable to build into the evaluation system: more emphasis on staff self-reflection, additional opportunities to discuss student work and assessment, and sufficient time to observe other teachers through informal visitations (p. 59). These strategies could also help with consistent ineffective teaching because, as Dr. Hopson stated, it is more problematic to terminate a teacher mid-contract (week 3). Likewise, this course made it obvious that I need to research teacher-district Colorado cases so I can become more familiar with various local situations and the basis for their rulings. To achieve this, I will review the Colorado School Laws 2013 book provided by my principal, initiate conversations with my principal and other supervisors, and connect with relevant agencies. Moreover, it would beneficial to learn some strategies from other schools that help ineffective teachers. The time and effort will be worthwhile because, the more I

2009 Lamar University Page 5 of 8 EDLD 5344 School Law understand personnel management procedures, the better the school can perform to increase student achievement.

Bellwether Education Partners. (2011, August). Recent teacher effectiveness legislation: How do the states stack up? Retrieved September 21, 2014, from file:///C:/Users/Dawn/Downloads/State-Teacher-Leg-Comparison.pdf.

Boulder Valley School District. (2012). AGREEMENT Between THE BOARD OF EDUCATION and the EMPLOYEES REPRESENTED BY THE BOULDER VALLEY EDUCATION ASSOCIATION of the BOULDER VALLEY SCHOOL DISTRICT RE2J, 1-112. Retrieved September 21, 2014, from http://www.bvsd.org/HR/Documents/Negotiated%20Agreements%20and%20Salary%20Schedules/BVEA%20Agreement%2012- 15.pdf

Constitutional Amendments. (n.d.). Retrieved September 25, 2014, from http://constitutioncenter.org/constitution/the-amendments

Hopson, M. (week 3, 2014.). Termination of teacher contracts. [film/video]. Beaumont, Texas

Kersten, T. A., & Israel, M. S. (2005). Teacher evaluations: Principals' insights and suggestions for improvement. Planning and Changing,36(1/2), 47-66. Retrieved September 21, 2014, from https://luonline.blackboard.com/bbcswebdav/pid-1356525-dt-content-rid- 10191092_1/courses/EDLD_5344_P17_2014_90_AP1/Assets%281%29/Teacher%20Evaluation%20-%20Principal%20Insights.pdf.

Essay 3: Improving Professional Practice Respond to the questions in the red box. Your essay should:  Use citations from the research when applicable.  Use professional writing protocols.  Use professional language.

 Select another legal topic covered in this course that you feel affects you as a school leader.  What have you learned about this topic, and how will this new knowledge affect your decision-making as an administrator?  What professional development opportunities can you spearhead in your school to inform teachers about this issue?

Type your essay in the space below. The extensive explanations and outlines of the Individualized Education Plan (IEP) process is a legal topic that will affect every education leader. As Dr. Hopson expressed in numerous videos, student management issues will dominate the majority of an administrator’s time, but special education concerns are particularly challenging, especially with the federal mandates of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 which guarantee a free, appropriate public education (FAPE) in the least restrictive

2009 Lamar University Page 6 of 8 EDLD 5344 School Law environment (LRE) (deBettencourt, 2002). Beforehand, I did not fully understand the protocol of procedural and substantive due process before administering discipline and the importance of understanding the due process law throughout the process. A Short Guide to Special Education Due Process (Lombardi and Ludlow, 2004) clearly illustrates that each student case is highly individualized and, with limited funding, resources, and specific federal laws, it can be extremely difficult to guarantee that accommodations are being correctly implemented and documented in the allotted time frame. Add to this daunting task the intricacy of procedural safeguards, participant cooperation, and revised laws, and the IEP process quickly becomes a potential liability issue for the school. This sentiment was echoed by Hyatt’s (2007) summary of the complexity of the process; “No short summary can adequately provide school personnel with all the information necessary to fully understand the requirements of IDEIA 2004 and questions regarding implementation of the new law remain” (2007, p. 136).

There is not a choice on whether to implement an IEP due to the fact it is a federal statute, which necessitates an administrator to be knowledgeable about IDEA and all of its components. As a result of this knowledge, I plan to schedule systematic professional development opportunities to help staff members stay abreast of new changes and current resources to ensure they understand the process of student data collection, the methods schools may use to communicate and work cooperatively with parents, and the external support they have to create a learning environment which promotes success for all students. Throughout these trainings, staff feedback and suggestions will be solicited as they are the backbone of the implementation and documentation process. Furthermore, I plan to create a mentoring system to support staff throughout the process because, like me, I am not confident they appreciate due process rights, especially when a student is not disciplined in a “traditional” way because the substantive due process does not warrant it.

The time and resources to do this will benefit not only identified students, but also regular education students and the teaching staff. No Child Left Behind (NCLB) of 2001 “mandates annual reporting of student performance on large-scale assessments…” and to show “…their overall student population are making adequate yearly progress” (Ketterlin-Geller, Alonzo, Braun-Monegan, & Tindal, 2007, p. 194). If identified special education students are receiving appropriate accommodations, it will be less invasive to the general education students, require

2009 Lamar University Page 7 of 8 EDLD 5344 School Law fewer preparation hours from the teachers to implement the goals, and encourage best practices in the classroom so all students can perform well on the mandated tests. de Bettencourt, L. U. (2002). Understanding the differences between IDEA and section 504. Council for Exceptional Children, 16-23. Retrieved September 1, 2014, from https://luonline.blackboard.com/bbcswebdav/pid-1356512-dt-content-rid- 10193380_1/courses/EDLD_5344_P17_2014_90_AP1/EDLD_5344_mastercourse_2012_ImportedContent_20121005042030/Assets/Understand ing%20the%20Differences%20between%20IDEA%20and%20Section%20504%20-%20Laurie%20U.%20deBettencourt.pdf

Hopson, M. (week 4, 2014.). Free, appropriate public education. [film/video]. Beaumont, Texas

Hyatt, K. J. (2007, January 1). The New IDEA. Retrieved August 30, 2014, from http://isc.sagepub.com/content/42/3/131

Ketterlin-Geller, L.R., Alonzo, J., Braun-Monegan, J., & Tindal, G. (2007). Recommendations for accommodations: Implications of (in)consistency. Remedial and Special Education, 28(4), 194-206.

Lombardi, T. P., & Ludlow, B. L. (2004). A short guide to special education due process. Phi Delta Kappa Fastbacks, (523), 7-48. Retrieved September 1, 2014, from https://luonline.blackboard.com/bbcswebdav/pid-1356544-dt-content-rid- 10193382_1/courses/EDLD_5344_P17_2014_90_AP1/EDLD_5344_mastercourse_2012_ImportedContent_20121005042030/Assets/Week %202%20--%20Lombardi%20--%20Special%20Ed%20Due%20Process.pdf

2009 Lamar University Page 8 of 8