EDLD 5344 School Law
Week 5: Reflection
Reflection
Throughout this course we have discussed a number of legal issues facing today’s publicschool 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.
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EDLD 5344 School Law
Rubric
Use this rubric to guide your work.
Week 5: Reflection
Accomplished
Proficient
Reflection
Completes all 3
essays of the
reflection
assignment using
the minimum 150words requirement
(8 points)
Completes 2 essays
of the reflection
assignment
(5 points)
Mechanics
No mechanical
writing errors
(2 points)
One to four
mechanical writing
errors
(1 point)
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Needs
Improvement
Completes 1 essay
of the reflection
assignment
(3 points)
Unacceptable
Did not submit
reflection
assignment
(0 points)
More than five
mechanical writing
errors
(0 points)
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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 studentmanagement 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
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disciplinary issues. Fourth, consistency in formal and informal investigations will communicate
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-dtcontent-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
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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
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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%201215.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-rid10191092_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
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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
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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-rid10193380_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-rid10193382_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
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