UNIVERSITY OF NORTH CAROLINA AT GREENSBORO

School of Education

Educational Leadership and Cultural Foundations

 

ELC 687: LEGAL AND ETHICAL DIMENSIONS OF LEADERSHIP

Course Syllabus

Three credits--No prerequisites

 

This course is a requirement for all students in the Masters in School Administration program. ELC 687 serves as an elective course for students in the Ed.S. and Ed.D. in Educational Leadership, the Ph.D. in Cultural Foundations, other departments in the School of Education, and graduate students in other programs across the University

                       

Instructor Information

                                                           

Dr. Carl Lashley

Educational Leadership and Cultural Studies

University of North Carolina at Greensboro

245 Curry Hall

P.O. Box 26171

Greensboro, NC 27402-6171

336-334-3745 (office)

336-545-0916 (home)

Email: Carl_Lashley@UNCG.edu

 

EMail for Course Assignments Submissions Only: elc687@bellsouth.net

 

 

Course Website: http://www.uncg.edu/elc/faculty/Lashley

 

Catalog Description:

 

Course Purpose: This course introduces students to the legal and ethical reasoning systems that influence the practice of school administrators. Special emphasis is given to legal and ethical deliberations that occur at the school level. Legal and ethical issues will be examined with particular consideration for their implications for school leaders in North Carolina.

 

Teachers Academy Conceptual Framework Mission Statement: The mission of professional education at UNCG is to prepare and support the professional development of caring, collaborative, and competent educators who work in diverse settings. This mission is carried out in an environment that nurtures the active engagement of all participants, values individual as well as cultural diversity and recognizes the importance of reflection and integration of theory and practice. UNCG's professional education programs are guided by shared commitments to: (a) equity and excellence in teaching, research, and service; (b) professional integrity and ethical deliberation in dealing with students and colleagues (university-based, school-based, and community-based); (c) the construction of a professional knowledge base through collaboration and collegiality; and (d) the dissemination of professional knowledge, skills and dispositions through the preparation and continuing professional development of teachers, principals and other school personnel.

 

Course Objectives:

 

Through the experiences in this course, students will be able to:

 

1. discuss how school governance and decision making are affected by legal and ethical considerations;

 

2. understand how federal, state, district, and school regulations, policies, and procedures are utilized in school governance and decision making and discuss the roles legal and ethical reasoning play in their development;

 

3. understand basic principles of education law and the constitutional, ethical, and educational values that support them;

 

4. understand the effects of significant legal cases on issues of student rights, equal educational opportunity, teacher rights, and administrative responsibility for school-related activities;

 

5. articulate his/her ethical principles, relate them to recognized ethical schools of thought, and apply them to situations that face school leaders; and

 

6. assess the facts of a situation, identify the legal and ethical considerations involved, and use appropriate legal and ethical reasoning to determine alternative courses of action for representative school situations.

 

Teaching Strategies: A significant portion of this course will be presented via the Internet. Students will be expected to participate actively in the class listserv, complete assignments and submit them using email and email attachments, and use a web browser. In order to participate in the web-enhanced portions of the course, students must have access to a computer, modem or other Internet access hardware, an Internet Service Provider (ISP), an email account, a web browser (Netscape Navigator 4.0 or higher or Internet Explorer 4.0 or higher), and Adobe Acrobat Reader (available free at www.adobe.com). A certain level of computer literacy is expected at the beginning of the course, and students will develop their computing and Internet access skills as the course develops. Students who do not feel comfortable with their computing skills should make arrangements to participate in some training and/or have a computer mentor who can help with questions and problems.

 

Students will submit some assignments as email attachments and will work with other students in cooperative learning assignments that will require sharing written information. Students should know the brand and version of the word processing and presentation software they have available, and they should be able to save files in various formats in order to facilitate file sharing with the instructor and classmates. 

 

Students will spend a significant amount of time outside of the class working independently and in small groups. Because of the web-based enhancements that have been made, students should plan to spend a considerable length of time each week using the Internet to participate in class activities. The amount of time that will be spent attending class on campus has been reduced accordingly.

 

Evaluation Methods and Guidelines for Assignments

 

Students’ performance in this class will be evaluated on the basis of their accomplishments in six areas. Course assignments will be graded as A+ (4.25), A (4.0), A- (3.75), B+ (3.25), B (3.0), B- (2.75), and resubmit (0.0). Assignments are due on the dates noted in the Assignment Calendar. Late assignments will result in a grade reduction of one-half letter (0.5). A rubric for grading in this course is attached for students’ consideration in preparing assignments and understanding the instructor’s standards.  

 

Group Case Memoranda (8)

(20% of final grade)

 

The purpose of this assignment is to assist students in identifying key legal and ethical concepts from cases and in developing their legal and ethical vocabularies and reasoning. During the first class, students will be divided into work groups of five, which will remain intact throughout the semester. For each case, a group leader will be chosen who will take responsibility for leading the group through its deliberations about the case and who will be responsible for submitting the group's case memorandum. Group leadership must be rotated through the group until all members have served as group leader. The group leader's name should be designated, along with the other group members' names, on the case memorandum. All group members must participate in the development of each of the eight case memoranda that are assigned for the semester.

 

A case memorandum examines the legal and ethical dimensions in a case, provides a course of action an administrator should take to resolve the issues in the case, and justifies that course of action on legal and ethical grounds. A case memorandum is two to three pages in length (single spaced, standard margins), and the audience (staff, parents, community, district level administrators, board of education)  to whom the memorandum is addressed is provided in the To: line. Case memoranda will be submitted as email attachments to the Course Assignments Submissions email address. Students should consult the Assignments Calendar for due dates.

 

Statement of Ethics

(20% of final grade)

 

By May 4, each student will submit a ten to fifteen page statement of ethical principles that s/he will use to guide his/her professional interactions as a school leader. In the Statement of Ethics, each student will

 

1.    articulate his/her personal and professional values and beliefs,

2.    place his/her values and beliefs within one of the ethical paradigms suggested by Shapiro & Stefkovich (2001),

3.    compare and contrast his/her ethical principles with codes of ethics from professional educational administration organizations, and

4.    reflect upon applications of his/her ethical principles to administrative practice.

 

The Statement of Ethics should be developed in conformity with the Style Manual of the American Psychological Association (4th Ed.). The Statement of Ethics is due May 4

 

Mid-Term and Final Examinations

(15% of final grade each)

 

A mid-term examination, covering the first one-half of the course, will be given on-site on February 27, and a final examination, covering the second one-half, will be given on-site on May 8. Examinations will include multiple choice, true-false, short-answer, and short essay questions. Exams will be standard paper and pencil tests, and students will not have access to course materials, notes, etc. during the exams.

 

Journal

(10% of final grade)

 

Journaling is an opportunity for students to think about course content and apply its meanings to their own previous learning, experiences, and practice. In a journal, a student writes to him/herself as the primary audience. Anyone else (including the instructor or teaching assistant) is a privileged reader. Journal entries are considered to be confidential, unless the student gives permission for journal entries to be shared.

 

In this course, each student will keep a journal in which s/he chronicles his/her thoughts, positions, analyses, and reflections. Students must make at least two entries (at least one full page or 200 words in length) per week in their journals. Journals may be kept either in longhand or using a computer. The final entry in the journal will be a self-evaluation (approximately 1000 words) of the student's learning and progress in the course. Journals will be submitted to the instructor.. Journal entries may address these and other issues and topics:

 

1.    comments on stories from Education Week

2.    comments on questions and answers in The Ethicist

3.    reflections on the on-line learning experience

4.    stories from the student's practice with an analysis

5.    analysis and commentary on course topics and readings

6.    implications of course content for the student's practice

7.    reflections on the group process

8.    ideas for additional course activities

9.    summaries of cases and their implications

10.           questions about issues of law for further research

 

In addition, there will be six elaborated journal entries in which the student will respond to prompts provided by the instructor. Elaborated journal entries should be approximately 1000 words in length.

 

Journals in which the student has submitted the minimum number of entries will receive a grade of B. Journals that show that the student has used the journaling experience as a learning tool will receive a grade of A+, A, or A- at the instructor's discretion.

 

Attendance and Participation

(10% on-site, 10% on-line)

 

Students are expected to attend all classes. Active participation is integral to learning in this class. Students are encouraged to question, debate, and comment critically in a manner that is appropriately professional, civil, and scholarly. A student’s participation in class will contribute to his/her learning and to the learning of his/her classmates. On-site participation will comprise 10% of students' grades. Consideration will be given for timely arrival to and departure from class. Students should disengage cellular telephones, beepers, alarms, and other distracting electronic devices while they are in class.

 

Students are expected to participate actively in on-line activities, including the course listserv. Listserv discussions are intended to augment course readings and activities and to give students the opportunity to explore course content in an on-line forum. On-line participation will comprise 10% of students' grades, which will be based on the frequency and quality of student participation.

 

This course is part of a professional preparation program for school administrators. Students are expected to adhere to the highest standards of ethical and professional practice. Students who have questions about the propriety of any action should contact the instructor at their convenience.

 

Required Texts/Readings/References:

 

McCarthy, M., Cambron-McCabe, N., & Thomas, S. (1998).  Public school law: Teachers’ and students’ rights (4th Ed.). Boston, MA: Allyn & Bacon.

 

Shapiro, J.P., & Stefkovich, J.A. (2001). Ethical leadership and decision making in education: Applying theoretical perspectives to complex dilemmas. Mahwah, NJ: Lawrence Erlbaum Associates.

 

Supplementary Readings

 

Students in ELC 687 will subscribe to Education Week  for the semester. Arrangements will be made for the class subscription during the first class. The cost will be $1.50 per week, payable when the invoice is received from Education Week.

 

Students will also be reading several court cases, newspaper and Internet stories, and other items of interest as they arise. These readings will be available at a variety of websites. Particularly, students should read Randy Cohen's weekly column The Ethicist, which appears on Sunday in the New York Times Magazine, available at www.nytimes.com. Students should also become familiar with a legal search engine, such as FindLaw (www.findlaw.com), and the organization and research options available on the Web through a well-recognized law library, such as at the Kathrine R. Everett Law Library at the University of North Carolina at Chapel Hill or the Cornell Law Library.


Topical Outline:

 

Assignments Calendar

ELC 687

 

Date/Topics

Readings Schedule

(Weekly Readings: Education Week, The Ethicist at www.nytimes.com)

Assignments Due

Legal Frameworks

 

 

Legal Frameworks,

Tort Liability

5.    McCarthy et al., Ch 1, 12

6.    U.S. Constitution, Bill of Rights, and Amendments

 

 

Group Case Memorandum #1: Who Was On Duty? on the Class Website

Electronic Submission

Religious Expressions, Curriculum Challenges

1.    Shapiro & Stefkovich, all

2.    McCarthy et al., Ch 2, 3

3.    Joint Statement on School Prayer

 

 

 

Group Case Memorandum #2: Vivisection: A Classroom Physiologist's Dilemma in Shapiro & Stefkovich, Ch. 4

Electronic Submission

 

Group Case Memorandum #3: AIDS and Age-Appropriate Education in Shapiro & Stefkovich, Ch. 4

Electronic Submission

Noninstructional Issues, Student Classifications

·      McCarthy et al., Ch 4, 5

·      At least three Statements of Ethics from Administrators' Organizations

 

 

Group Case Memorandum #4: The Kids Are Praying at the Flagpole Again on the Class Website

Electronic Submission

 

Mid-term Exam (On-site)

 

Group Case Memorandum #5: When All Means All in Shapiro & Stefkovich, Ch. 7

Electronic Submission

Student Discipline

·      McCarthy et al., Ch. 6

 

 

Group Case Memorandum #6: A Home for Marlon: The Foster Child Case in Shapiro & Stefkovich, Ch. 6

Electronic Submission

Teachers' Employment Issues

·      McCarthy et al., Ch 7, 10

 

 

Group Case Memorandum #7: The Adult Fantasy Center in Shapiro & Stefkovich, Ch. 3

Electronic Submission

Teachers' Civil Rights

·      McCarthy et al., Ch. 8, 9

 

 

Group Case Memorandum #8: Rising Star or Wife Beater in Shapiro & Stefkovich, Ch. 5

Electronic Submission

Voluntary Review Session

 

 

Statement of Ethics (Hard Copy Submission)

 

Final Examination (On-site)

 

Journals (Hard Copy Submission)

 

 


 

 

 

Recommended Text(s) and/or Readings:

 

Alexander, K. & Alexander, D. M. (1992). American public school law (3rd ed.). St. Paul, MN: West Publishing.

 

Beck, L.G. (1994). Reclaiming educational administration as a caring profession. New York: Teachers College Press.

 

Beck, L.G., & Murphy, J. (1994). Ethics in educational leadership programs: An expanding role. Thousand Oaks, CA: Corwin Press.

 

Deskbook encyclopedia of American school law (2000). Rosemount, MN: Data Research.

 

Greenfield, W.D. (1993). Articulating values and ethics in administrator preparation. In C. Capper (Ed.), Educational administration in a pluralistic society. Albany, NY: State University of New York Press.

 

Gregory, G. (1992). Desk reference on significant US Supreme Court decisions affecting public schools. Alexandria, VA: National School Boards Association.

 

Grzywacz, P., McEllistrem, S. & Roth, J. (Eds.). (2000). Students with disabilities and special education. Birmingham, AL: Oakstone Legal and Business Publishing.

 

Heubert, J. (Ed.). (1999).  Law and school reform: Six strategies for promoting educational equity. New haven, CT: Yale University Press.

 

Imber, M. & Van Geel, T. (1993). Education law. New York: McGraw-Hill.

 

Irons, P. (Ed.). (2000). May it please the court: Courts, kids, and the Constitution. New York: The New Press.

 

LaMorte, M. (1999). School law: Cases and concepts. (6th ed.). Boston: Allyn and Bacon.

 

Rothstein, L. F. (2000). Special education law (3rd Ed.). White Plains, NY: Longman.

 

Starratt, R.J. (1991) Building an ethical school: A theory for practice in educational administration. Educational Administration Quarterly, 27 (2), 185-202.

 

Starratt, R.J. (1994). Building an ethcial school. London: Falmer Press.

 

Streshly, W. A. & Frase, L. (1992). Avoiding legal hassles - What school administrators really need to know. Newbury Park, CA: Corwin Press.

 

Strike, K.A., Haller, E.J., & Soltis, J.F. (1998). The ethics of school administration (2nd ed.). New York: Teachers College Press.

 

Zirkel, P. A. & Richardson, S. N. (1988). A digest of Supreme Court decisions affecting education. Bloomington, IN: Phi Delta Kappa Educational Foundation.

 

U.S. Supreme Court Cases Regarding Education

 

School Prayer

 

Engel v. Vitale (1962)

School District of Abington Township v Schemp (1963)

Wallace v. Jaffree (1985)

Lee v. Weisman (1992)

 

Students’ Rights

 

West Virginia State Board of Education v. Barnette (1943)

Tinker v. Des Moines School District (1969)

Goss v. Lopez (1975)

Ingraham v. Wright (1977)

New Jersey v. TLO (1985)

Bethel School District v. Fraser (1986)

Hazelwood School District v. Kuhlmeier (1988)

Honig v. Doe (1988)

Board of Education, Westside Schools v. Mergens (1990)

Franklin v. Gwinnett (1992)

Vernonio School District v. Acton (1995)

Davis v. Monroe County Board of Education (1999)

 

Students’ Equal Opportunity

 

Brown v. Board of Education (1954)

San Antonio Independent School District v. Rodriguez (1973)

Lau v. Nichols (1974)

Plyler v. Doe (1982)

Board of Edu[1]rcation of Hendrik Hudson School District v. Rowley (1982)

Tatro v. State of Texas (1984)

Aguilar v. Felton (1985)

School Committee of Burlington v. Massachusetts (1985)

Zobrest v. Catalina Foothills School District (1993)

Florence County Board of Education v. Carter, 510 U.S. 7 (1993)

Cedar Rapids Community School District v. Garret F. (1999)

 

Curriculum Challenges

 

Epperson v. Arkansas (1968)

Island Trees School District v. Pico (1982)

Edwards v. Aguilar (1987)

 

Teachers’ Rights

 

Cleveland Board of Education v. LaFleur (1974)

 

Equity and Desegregation Cases and Legislation

 

Date

Case

1896

Plessy v. Ferguson

1954

Brown v. Board of Education

1955

Brown v. Board of Education II

1958

Cooper v. Aaron

1963

Goss v. Board of Education

1964

Griffin v. Prince Edward Co.

1964

Title VI, Civil Rights Act of 1964

1965

Rogers v. Paul

1968

Green v. New Kent County

1969

Alexander v. Holmes County

1971

Swann v. Charlotte-Mecklenburg

1973

Keyes v. School District No. 1, Denver

1973

San Antonio Independent School District v. Rodriguez

1973

Section 504 of the Vocational Rehabilitation Act of 1973

1974

Equal Educational Opportunities Act of 1974

1974

Milliken v. Bradley I

1974

Lau v. Nichols

1975

Education of All Handicapped Children Act of 1975

1976

Pasadena City Board of Education v. Spangler

1977

Milliken v. Bradley II

1982

Plyler v. Doe

1982

Hendrik Hudson Board of Education v. Rowley

1984

Irving Independent School District v. Tatro

 

 

1991

Board of Education v. Dowell

1992

Freeman v. Pitts

1994

Proposition 187

1995

Missouri v. Jenkins

1996

Personal Responsibility and Work Opportunity Reconciliation Act ("Welfare Reform")

1997

League of United Latin American  Citizens v. Wilson II

1997

Individuals With Disabilities Education Act of 1990 and Amendments of 1997

1999

Cedar Rapids Community School District v. Garret F.

 

 

 


ELC 687: Legal and Ethical Dimensions of Leadership

Spring 2001

Grading Rubric

 

Student:

 

Section: Tuesday or Wednesday

Case Group #:

Case #1

 

Check cases in which student served as group

Case #2

 

leader.

Case #3

 

 

Case #4

 

Notes:

Case #5

 

 

Case #6

 

 

Case #7

 

 

Case #8

 

 

Mid-term

 

 

Ethics Statement

 

 

Final

 

 

Journal

 

 

On-site Participation

 

 

On-line Participation

 

 

Final Grade

 

 

 

Group Case Memoranda

Grade

Criteria

A

7.    Provides an analysis of the legal and ethical dimensions of the case

8.    Provides a well-reasoned course of action

9.    Provides a sound justification for the course of action

10. Shows evidence of involvement of all group members

B

4.    Reports on the legal and ethical dimensions of the case

5.    Provides an appropriate course of action

6.    Justifies the course of action

7.    Shows evidence of group involvement

Resubmit

Items that must be addressed:

·      Length

·