Discussion 1: Legal Issues for School Leaders
Understanding your state’s court systems and laws are very important for a school leader, but you must have a clear understanding of the statutes and case laws that work together to help everyone understand the best way to resolve legal issues that leaders face in today’s schools. It is important for leaders to understand that the law is not a static situation, but that it is constantly evolving. When a statute is passed by a governing body, its guidance for school leaders is limited until it is interpreted by the courts. This interpretation comes in the form of case law. It is important for a school leader to understand how case law impacts the governing of the schools and the administration of the rights of stakeholders of schools including, but not limited to, students, employees, parents, and community members. For this discussion, you should choose either the First Amendment or the Fourth Amendment to the United States Constitution (page 26 in your text) as the basis for your reply.
Follow these directions:
Describe what the chosen amendment says about our rights as U.S. citizens.
Find two examples of case law that apply to educational institutions that have helped to define how the rights guaranteed by that amendment have been interpreted by the courts.
Discuss implications of the chosen case law and how it relates to school leaders.
Research resources (at least 3) that a school leader can use for better understanding in order to comply with the Amendment chosen. Post these resources, along with their links, in the Discussion Board.
Discussion 2
Emergency Management Scenario
Directions
School administrators have a responsibility to keep everyone safe. Read the scenario and in the Discussion Board, answer the questions at the end.
During the passing time between classes at Eisenhower High School, there was a fight between two special education students. Student “X” pulled a knife on Student “Y” and cut the students arm to the point severe bleeding took place. Student “X” continued the attack, but thankfully other students were able to disarm Student “X.” The principal of Eisenhower High, Mr. Smart, takes pride in being proactive in his school and his faculty and staff know the law well, so he was very concerned at the findings of his investigation of this incident.
There were several issues that concerned Mr. Smart about this incident. First, one of the school’s teachers, Mrs. Wright, had been informed by another student that Student “X,” an emotionally impaired special education student, might have a weapon in their possession. Because the student who reported the possible weapon was not thought to be credible, Mrs. Wright did not take the report seriously. She decided not to report this because it was at the start of the class, and she did not want to leave her class without supervision. By the time class ended, Mrs. Wright had forgotten about the possible weapon.
To make matters worse, this incident occurred between classes at the end of the hallway where there are only two classrooms, and there was no adult supervision present. Hallway supervision is one area that was a constant struggle between the principal and the faculty and staff. Mr. Smart had urged the faculty and staff to monitor student activity in the hallway. However, when the incident occurred, one teacher had gone to the restroom and the other was at his desk preparing for the next class. Because of the normal noise in the hallway, no adult responded to the incident until well after it had ended. In fact, no staff members knew about the incident until the student came into class with a severe bleeding arm.
When Mr. Smart was alerted to the incident, he immediately took action to isolate Student “X” in a secure, supervised area and to get medical attention for Student “Y.” After making sure Student “Y” received medical treatment, Mr. Smart thoughts turned to his concern for what liability there might be for the district, teachers, and himself.
In your Discussion Board post please responses to the following:
What potential liability does the school district face due to this incident?
What potential liability does Mr. Smart and his faculty face due to the incident?
Based on Every Student Succeeds Act (ESSA) requirement for a school to have an Emergency Management plan, what responsibility does the school have for the safety of their students?
Would it have been legally permissible for school personnel to search Student “X” based on the report of a fellow student? Why or why not?
What should have been done differently in this scenario by the principal and the faculty to prevent this incident from occurring or to limit school district liability?
Discussion 3
Religion in Schools
Directions
As the principal of a small town school, Oak Middle School (a public school housing grades 6-8), you have been approached by an organization named “Professional Athletes Against Drug Abuse.” This group has offered to send well known professional athletes to your school to give an assembly encouraging students to be “drug free.” A day before the assembly, you receive a letter from the American Civil Liberties Union (ACLU) telling you that this group’s main goal is to convert children to Christianity. You immediately contact “Professional Athletes Against Drug Abuse” to express your concern; they assure you that their goal is strictly to urge students to remain drug free. You accept their explanation and allow the assembly to take place. When the assembly begins, it quickly becomes apparent that you have been duped and that the ACLU letter was right. The professional athlete speaking to the students encourages them to turn away from drugs and to turn to Jesus. During the assembly students receive a very strong evangelical message and are strongly encouraged to meet with the professional athlete again that evening at a local church to be “born again.” You were understandably very upset, but you allow the assembly to continue to its conclusion.
Please respond to the following questions:
What should you do after the assembly?
Do you personally or the school district have any legal liability due to allowing this assembly?
How does the Lemon Test apply to this circumstance?
How does the principle of government neutrality apply in this case?
Are there any circumstances under which this assembly or one like it could have been held on public school property?
Have you created an open forum?
Explain the legal principles behind your decision-making process.
As you read your classmates’ posts begin a conversation about the administration of the Lemon Test and if it would or would not have changed this assembly situation. What could have been done to prevent this situation?
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