Summer Session II
July 7- August 6, 2014
EDUCATION 607: Education Law and Ethics
Dr. Carol A. Eaton
Class Meeting Times: Mondays and Wednesdays, 4:30 p.m. – 8:15 p.m., 10 sessions
Class Location: Graduate School of Education, AB 234
Office Hours: One hour before class and by appointment
Office: AB 233
Telephone: 777-6770
Email Addresses: ceaton@binghamton.edu
, ceaton1@stny.rr.com
Home Telephone: (607)692-4669, cell: (607) 761-8881
Course Description:
Education Law and Ethics examines the background of current educational laws, case laws, regulations and policies in practice in school districts, and it emphasizes critical issues involving ethics that educational leaders must consider in their school districts.
The course includes a brief overview of the history of major laws that govern/address today’s educational settings. Three levels of educational laws will be examined, federal, state and local, with attention paid to laws applying to the students, teachers, administrators and general public school governance. There will be discussion regarding the changes in expectations of schools and leadership pertaining to these changes. There will be opportunities for the class members to discuss applications of law and ethics within their own school environments.
The course will address the historic background and environments behind the major educational laws, with application of those laws to present public school districts throughout the country. The issue of application of laws, as it is often juxtaposed against
“ethics or beliefs” will be discussed and examined. The issue of actual “practice” of applying laws will be examined in the context of the actual laws. The original intent of laws will be examined with an “eye” to actual interpretation and application in school districts. We will examine the changes and the focus of the different states.
Aspects of No Child Left Behind will be reviewed and evaluated by class members, along with the impact that NCLB has had on school districts. The legal aspects of the APPR system will be examined and discussed. Laws and regulations pertaining to special

education will also be highlighted, with applications of the law in public schools. New
York State’s most recently written law, “Dignity for all Students,” will be reviewed and discussed. Each district now has specific training that is expected for all staff members.
The more recent laws and regulations pertaining to school finances and accountability will be addressed through texts, examples of regulations and impact on school districts.
The case study approach will be used in this course, relying on teamwork and cooperation. The class will also be conducting a Superintendent ’s Hearing as realistically as possible.
Key Areas to be Addressed:

Significance of administrative roles and Boards of Education in meeting the requirements of educational laws and requirements

Highlights of No Child Left Behind, with requirements and updated changes
 NYS’s Dignity for All Students Act and its implementation and applications

The ethical requirements and obligations that accompany administrative roles

Rights that students, teachers and parents possess
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Student discipline, including superintendent hearings, codes of conduct and student rights

Major requirements of special education laws and regulations; latest updates
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Child abuse in schools, corporal punishment, attendance requirements, residency requirements, homeless students, confidentiality, curriculum development and control, prayer in schools
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All types of potential discrimination in the schools
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Collective bargaining requirements, subcontracting, negotiations, improper practices, hiring and terminating civil service employees
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Development of contracts, employee hiring, fingerprinting, reprimands, termination, abolishment of positions, granting tenure, disciplining tenured staff and annual performance reviews
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Freedom of speech, confidentiality regarding all staff, Family Medical Leave and sexual harassment
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Additional cases and current information when available
Course Outcomes:
Participants will:

Learn about and apply the laws and regulations pertaining to public schools in
New York and the US in their own educational settings


Examine and discuss their own ethical beliefs in their school settings

Critically evaluate the impact of and effectiveness of laws that affect educational institutions

Understand and describe how school board policies and school district policies are created and instituted

Work collaboratively with fellow classmates to discuss and write conclusions regarding application of laws and creation of school policies

Evaluate the selection of laws and cases

Use Blackboard to communicate questions, issues and follow-up to classes, as well as current information and ongoing discussion using technology

Attend every class session

Ensure that confidentiality is observed regarding class discussions and cases given as examples
Required Texts: (All are available on Amazon.com.)
School Law and the Public Schools, A Practical Guide for Educational Leaders,
Fifth Edition, Nathan L. Essex, Allyn and Bacon, 2012.
Ethical Leadership in Schools, Creating Community in an Environment of
Accountability, Kenneth A. Strike, Corwin Press, 2007.
The Ethics of School Administration, Third Edition, Kenneth A. Strike, Emil J.
Haller, Jonas F. Soltis, Teachers College Press, 2005.
Additional Resource that will be referenced in class:
School Law Book, Recent and Current Editions, New York School Boards
Association and New York State Bar Association, (available through the School
Boards Association website) Most school district superintendents own the most recent edition. Please ensure that you have one available during the course of this class.
A Teacher’s Pocket Guide to School Law, Second Edition, Nathan Essex, Pearson,
2011 (Available on Amazon.com)
Websites that will be referenced frequently: www.AASA.org
: American Association of School Administrators www.nyssba.org
: New York State Boards Association www.nysasbo.org
: New York Association of School Business Officials www.publicagenda.org
: Public Agenda, an organization that dispenses public opinions regarding all issues pertaining to public and private schools

www.nyscoss.org
: New York State Council of School Superintendents www,p12.nysed.gov
: NY State Education website
The class will also be studying the websites of the local school districts for evidence of the districts’ school board policies, state and federal mandates and student codes of conduct. Class members are encouraged to seek out and share additional websites that provide insight regarding laws and ethics addressed in class.
Class Format:
The format will include lecture, question and answer, much group work and presentation in a seminar setting. Many group discussions will emulate presentations to school boards, staff members and administrative teams. The emphasis will be on team and group collaboration in discussion, problem-solving and consideration of critical and current issues. Emphasis will be on “teamwork.”
Schedule for Class:
4:30-6:00 p.m.: Class in work session
6:00-6:30 p.m.: Working Supper Break w/each bringing own snacks
6:30-8:15 p.m.: Class in work session
Grading and Work Expectations:

There will be two exams, the first taken on Monday, July 21st and the second on
Monday, August 4th, with brief collaboration encouraged, prior to the writing of the exam answers. This process will be discussed in class. These exams will represent
40% of grade.

Participation and class collaboration in groups will represent 30% of grade.

Final class project/presentation in groups on assigned law/ethics case/topic will represent 30% of grade. Projects may include examination of current cases and issues in public schools, pertinent to NY schools and critical to educational leaders. The projects must include a 10-15 minute class presentation with a 8-10 page paper that includes the reasoning and rationale of the legal issues presented and the impact on school districts.

Attendance is critical to success in this course. Personal and/or family emergencies will require arrangements made with the instructor. In the case of emergencies, only, additional course work will be assigned that requires examining law cases with educational applications.
Content of Classes:
Monday, July 7th:

Consider your beliefs pertaining to a cross section of major legal and ethical issues in education at this time, and share them in class. The class will examine how the question of ethics and legal requirements for schools “fit” together throughout this summer session class. Are these two always integrated? Why?

Why not? What conflicts have you already experienced in your educational settings?
 There will be a short pretest/ exam regarding the “key concepts” mentioned above to assess how aware class members are prior to taking this course, along with your background knowledge, prior to our course. This will be composed of regular and current educational laws, rules and policies.

General information sharing, introductions and overview of class expectations and assignments, starting with chapters 1 and 3 in School Law and Public Education,
(Legal Framework Affecting Public Schools and Students, the Law and Public
Schools) and chapters 1 and 2 in Ethical Leadership in Schools (Moral Principles and Moral Principals?) for Wednesday’s class, 7/9. Read chapter 1 of Ethics of
School Administration (Administration and Ethical Thinking) for discussion and group work on Wednesday, 7/9.

Introduction of suggested topics for final project and presentations, with input from all participants. Highlights of the major educational case laws and statutes will be presented for discussion, and some may emanate from financial and planning in school districts.

Class members are asked to bring samples of their own di stricts’ school board policies, codes of conduct, those which are critical to their districts, as well as questions and concerns regarding the readings assigned, to the class on
Wednesday, July 9 th .
Wednesday, July 9 th :
 What are the “big” questions about readings assigned? Major issues will be highlighted in groups and then presented before the class as a whole. Discussion of the questions and concerns from the readings. What stands out to you? Be prepared to discuss these individually and as groups. What stands out from your own Board policies? What are the significant areas over the last five years?
Changes/ additions?

Assignments for the next class, Monday, July 15 th are: Chapter 2 in School Law and Public Schools, (Religion in the Public Schools), Chapter 3 in Ethical
Leadership in Schools, (Constitutional Essentials, Part 1), and Chapter 2 in Ethics of School Administration (Intellectual Liberty). Prepare for discussion of the cases mentioned in the last reading. Are any of these similar to incidents in your own educational settings? Class participants will be leading sections of this discussion.
Monday, July 14 th :
 How do the “constitutional essentials,” from Ethical Leadership, impact the public schools and the classroom teachers? Ho w does this “inform” your superintendents, principals and teachers regarding classroom activities and assignments? Is there really such a thing as freedom of speech? Consider the religious aspects of your own educational settings? What must school leaders worry about in this area? What kinds of professional development do you think is

appropriate for these areas? Be prepared to bring examples, and there will be additional examples given in class, including discussion of the cases from Ethics of School Administration.

Assignments for the next class, Wednesday, July 16 th , are: Chapter 4 in Ethical
Leadership in Schools (Constitutional Essentials, Part 2), Chapter 4, in School Law in the Public Schools (National Security and School Safety), and Chapter 3 in The
Ethics of School Administration, (Individual Freedom and the Public Interest). Be ready to give examples from your own settings for each of these areas. Additional discussion questions will be distributed as well.
Wednesday, July 16 th :

How does the second set of “constitutional essentials” impact the public schools and classroom teachers, as well as administrators? What changed in public schools with the issues of threats and threatening behaviors? What additional professional development was/is needed? Are you aware of all the safety and security measures in your districts? How are safety measures communicated in your districts or work situations?
 Discussion of the composition of a Superintendent’s Hearing, accompanied by the rules controlling these hearings. Please consult the School Law Book in advance of this class and discussion. An instructional guide regarding the convening of a super’s hearing will be provided by the instructor.
 Simulation of a Superintendent’s Hearing: all members of the class will take a role.
The case will involve a major infraction on the part of the student/students. The instructor take a role as well.

Assignment for the July 21st class: Review readings and work to date to prepare for the written exam next Monday, and also read Chapter 5 in Ethical Leadership in
Schools, (Constitutional Essentials, Part 3).
Monday, July 21st:

Written exam will begin the class and will address the issues read and discussed to date, and class members will work in groups of two, for ten minutes, and then write from 4:45 p.m. to 6:45 p.m., at which time the exams will be submitted to the instructor.

The exam will be essay type with questions that require written solutions to typical school district policy problems, with beginning collaboration. Each class participant will prepare his/her own responses following the collaboration. One of the primary goals of this class and its exams is to build collaboration, especially in difficult situations, as they often are in real schools.

6:45 – 7:15 p.m.: Supper break and brief discussion of the remainder of the law classes

7:15 p.m. to 8:15 p.m.: Continue discussion of our ongoing work in groups of two regarding the assignment and discussion of projects as needed.


Assignment for the July 23rd class: Chapter 5 in School Law and the Public
Schools, (Individuals with Disabilities) and Chapter 4 in Ethics of School
Administration, (Equal Educational Opportunity). These both pertain to special education issues, as well as equal opportunities for all children. Bring examples of your own school districts’ policies for these areas. Read Chapter 9 in School Law and Public Schools, (Discrimination in Employment). The group will break into groups to discuss application of the cases covered in this chapter. Bring any of your district’s policies in the areas covered. This is an area where school districts have been required to spend more attention, rivaled only by special education, including much more professional development. Read Chapter 12 in School Law and Public Schools, (School Desegregation). Please consider possibilities of this issue existing in schools at the present time. Where are we today in public education? This is a longer than usual assignment! Read carefully!
Wednesday, July 23rd:
 Discussion regarding “individuals with disabilities” and “equal educational opportunities” with specific case and examples in class from the readings assigned. Bring examples of cases from your own experiences. Key areas will be:
1. Effectiveness of inclusionary classes: What contributes to success? What are the necessary ingredients?
2. Inclusionary schools/districts: What do they look like? Be prepared to describe them.
3. Response to intervention: What are the “layers’ of preparation and timeline for this practice?
4. Individualized instruction: What does this look like? Are there different varieties?
5. Physical disabilities: How are these addressed?
6. Behavioral disabilities: What are the varieties and levels of services available?
7. What has been the impact of budget reductions on these services/
Examples?
 Discussion of the newly written and enforced, “Dignity for All Students Law.”
What are the ramifications and implications for school districts? Discussion in two small groups.
 Discussion of “discrimination in employment” practices, with attention paid to ways to ways of constructing policies and procedures that are effective.
Discussion of “desegregation” will address ways in which there may still be segregation that is not “official” policy, but is a practice.


Assignment for the July 28 th class: Chapter 13 in School Law in the Public
Schools, (School Finance). It is critical that members of this class pay special attention to these additional requirements. It is strongly recommended that class members consult their superintendents or business officials regarding the changes in the financial requirements, if they have not yet taken the School
Finance course. Read Chapters 6-8 in School Law and the Public Schools, (School
Personnel and School District Liability), (Liability and Student Records), and
(Teacher Freedoms). Review your knowledge of the anti-bullying requirements for discussion next week.

Class members will determine and finalize their projects with the instructor. In writing. Projects will be presented during the final class on August 7 th.
We will discuss the order of the presentations.
Monday, July 28th:

School finance regulations have changed significantly in NYS and many others as well. What are the major changes that have occurred over the last several years in
NYS? What are the district’s liabilities and consequences for not “following best practices?” What are the legal requirements involved in audits and reporting the results to school boards?

The three large areas covered in the three chapters (6-8) of School Law and the
Public Schools, require great individual attention. Class discussion will highlight the protections that district office personnel and principals need to be aware of as they fulfill their duties. Specific questions will be distributed. Consideration will be given to the “hot button” items. What do you believe those are? Be prepared to give specific examples from your districts.

Assignment for July 3oth class: Chapters 10 and 11 in School Law and the Public
Schools, (Recruitment, Tenure, Dismissal and Due Process) and (The Instructional
Program), Chapter 6 and 7 in Ethical Leadership in the Schools, (Ethical Decision
Making) and (Professional Community and the Ethics of Accountability), Chapter 5 in Ethics of School Administration (Educational Evaluation). Each of these chapters contains “heavy duty” issues for educational leaders. How do leaders engage their staff members in this type of thinking as well? How do leaders maintain professional relationships with staff members when they are required to perform difficult tasks, such as dismissing staff or giving a “less that stellar evaluation?” What has the recent history of supervision and evaluation looked like? What do you predict will be the impact of the new requirements for evaluation and supervision of teachers?
Wednesday, July 30th:

Consider the issues raised in the chapters assigned for this session. What examples can you share without names and dates? There will be a case presented for the class to consider in group discussion and then discussed in summary as a whole group.


General discussion and questions regarding of any of the work that has been assigned, in preparation for the final examination for the course.

Assignment for August 4th: Prepare for the written exam and project presentations that have been scheduled.
Monday, August, 4th:

Written exam regarding the issues read and discussed since the first exam, and class members will collaborate in groups of two from 4:30-4:40 p.m. and then individually write answers until 6:45 p.m. Same process as the first exam, with essay form and collaboration in groups of two, to begin and then individually write, with the solutions based upon the readings and cases following the first written exam.

6:45-7:15 p.m.: Supper break and discussion

7:15-8:15 p.m.: Project presentations, as scheduled in advance.

Assignment for August 6th: Be ready for the remaining presentations to be given in class!
Wednesday, August, 6 th :

Class presentations by group, order to be determined from a previous class; each will be last a maximum of 20 minutes each, with feedback from the rest of the class.

Evaluation of the class instructor and general concluding remarks

Final thoughts and reflections?

Enjoy rest of summer!
Accommodations Statement for Faculty Use:
If you are a student with a disability and wish to request accommodations, notify me by the second week of class. You are also encouraged to contact the Office of Services for
Students with Disabilities (SSD) at 777-2868. Their office is at LH-B51. The SSD office makes formal recommendations regarding necessary and appropriate accommodations based on your specifically diagnosed disability. Information regarding your disability will be treated in a confidential manner.
Academic Honesty Statement for Faculty Use:
“All members of the University community have the responsibility to maintain and foster a condition and an atmosphere of academic integrity. Specifically, this requires that all classroom, laboratory, and written work for which a person claims credit is in fact that

person’s own work.” The annual University
Student Handbook publication has detailed information on academic integrity.
Binghamton University has obtained a license with Turnitin.com to facilitate faculty review of papers and projects in their courses for potential plagiarism. All faculty are encouraged to use this tool.
“Students assume responsibility of the content and integrity of the academic work they submit. Students are in violation of academic honesty if they incorporate into their written or oral reports any unacknowledged published or unpublished or oral material from the work of another (plagiarism); or if they use, request, or give unauthorized assistance in any academic work (cheating).”
Neither plagiarism nor cheating will be tolerated in any class. Incidents of either will result in a failing grade for the assignment in question, which will most likely have a negative effect on the final grade. If you have any questions about what constitutes plagiarism or cheating, please ask me.