Education Commons^™

Tenure Wars: The Litigation Continues, Charles J. Russo

Educational Leadership Faculty Publications

Teacher tenure is a controversial topic that continues to generate litigation. Parents and advocates of educational reform have filed claims alleging, in part, that school officials violate the rights of students who are not achieving academically largely because of the ineffective instruction the students receive from teachers.

Typically, these suits also claim that conditions in districts where students perform poorly on academic measures are exacerbated by the protection that state tenure laws—in conjunction with union efforts—afford ineffective teachers, thereby making it difficult to dismiss the teachers for incompetence.

In North Carolina Association of Educators v. State (2016), a North Carolina …

"Friending" Students On Social Media, Charles J. Russo

Educational Leadership Faculty Publications

The use of social media, particularly services such as Facebook and Twitter, has grown exponentially in recent years. Yet to date, relatively little litigation has arisen around the issue of teachers and other educators engaging in questionable or inappropriate use of social media when communicating with students. Even so, parental complaints do arise when teachers share inappropriate communications with students through social media. Consequently, as social networking continues to increase, school business officials and other education leaders should devise policies to help deal with this growing trend.

Given the widespread use of social media, this column examines emerging legal questions …

Has Teacher Tenure’S Time Passed?, Charles J. Russo

Educational Leadership Faculty Publications

A recent trial court order (Vergara v. State of California 2014), which Governor Jerry Brown has already appealed (Nagourney 2014), has sent shock waves through the ranks of teachers and their unions because it threatens what is perhaps educators’ most cherished prize: tenure.

In Vergara, the court invalidated five statutes addressing tenure, procedural safeguards relating to teacher dismissal, and seniority as violating the equal protection clause in the California constitution. The court ruled that the challenged laws “impose a real and appreciable impact on students’ fundamental right to equality of education and that they impose a disproportionate burden on poor …

Beware: Teachers Who Blog, Charles J. Russo

Educational Leadership Faculty Publications

A recent case from Pennsylvania, Munroe v. Central Bucks School District (2014), raises fresh questions about the free speech and expression rights of public school teachers as they use the Internet. In Munroe, when a board terminated a high school teacher’s employment for making controversial postings about her students and colleagues on her personal blog—postings that proved disruptive—a federal trial court rejected the educator’s claim that she was dismissed in retaliation for exercising her right to free speech.

Before reviewing the facts and judicial opinion in Munroe, it is worth noting that blogs (a term coined in the late 1990s …

Workers’ Compensation And The School Business Official, Charles J. Russo

Educational Leadership Faculty Publications

Workers’ compensation laws emerged during the Industrial Revolution to protect individuals and their families from salary losses and medical expenses that resulted from work-related injuries, illnesses, or death. The laws allow employees to receive partial or full benefits temporarily or permanently, depending on the seriousness of their conditions.

In light of the significance of workers’ compensation laws for school board budgets and staffing, this column begins with a brief history of the statutes; examines the components of a typical workers’ compensation statute, along with selected representative recent litigation; and then offers recommendations for school business officials (SBOs), their boards, and …

Letters Of Recommendation: Honesty Remains The Best Policy, Charles J. Russo

Educational Leadership Faculty Publications

Amid concerns over teacher sexual abuse and other misconduct involving students— although involving a very small percentage of educators—boards should strengthen their policies for evaluating the qualifications of potential teachers, including those with experience, by requesting letters of recommendation after they complete initial state-mandated criminal background checks.

As crucial as letters of recommendation are in the hiring process, litigation demonstrates that some education leaders fail in their duty to safeguard children from sexual predators. Cases arose when officials provided undeserved positive reference letters for teachers who engaged in sexual misconduct with students—teachers who moved on to other school systems where …

Regulating The Boundaries Between The Public And Private Lives Of Teachers In Changing Cultural Contexts: An American Perspective, Charles J. Russo

Educational Leadership Faculty Publications

Regardless of whether they wish to be regarded as such, there can be little doubt that most teachers and parents in Australia, New Zealand, and the United States agree that teachers are role models for students regardless of whether educators act in or out of schools. Yet, during this time of changing cultural contexts, the boundaries between the private and professional lives of teachers are blurred such that teachers may face liability for what they say or post in a more contemporary application of free speech, via the internet.

In light of ongoing changes, this paper examines how shifts ranging …

Principal Led In-Class Positive Behavioral Support Intervention, David Lavender, John W. Hill

Educational Leadership Faculty Publications

Results of this one-year study supported the use of an in-class behavioral intervention program that allowed 8th-grade students to reclaim themselves after verbally disruptive behavioral incidences with direct principal led administrator assistance resulting in student return to differentiated individualized instructional classroom activities. Students involved in a second verbally disruptive incident in the classroom were identified for intervention. Academic and behavioral improvement noted for verbally disruptive students with co-occurring below grade level reading test scores (n = 23) and verbally disruptive students with grade level reading scores (n = 12) suggests continued use of this intervention. All participants were in attendance …

Emotional/Behavioral Disorders: A Retrospective Examination Of Social Skills, Linguistics, And Student Outcomes, John W. Hill, Kathy L. Coufal

Educational Leadership Faculty Publications

A language-based social skills instruction intervention used to prepare middle and high school students with emotional/behavioral disorders for return to less restrictive public school placements was evaluated. The daily 50-minute intervention focused on repetitive readings, recitations, and role-playing of skill step procedures until students achieved mastery on each required task in five broad dimensions: peer relations, self-management, academic, compliance, and assertion. The students were divided into three groups according to the length of intervention (under 2 years, 2 to 3 years, and more than 3 years). Dependent t tests were used to test the effects of prolonged intervention on past …

Meanings Underlying Student Ratings Of Faculty, Carolyn Ridenour, Stephen J. Blatt

Educational Leadership Faculty Publications

The purpose of this study was to examine how undergraduate students interpret the items on a faculty evaluation instrument. Most research on faculty evaluation is quantitative (Marsh and Bailey 1993). Our first study was also quantitative. After we produced a profile of quantitative ratings of faculty by students across all departments in our university in an earlier study, we wanted to go beneath the numbers to their meaning. We designed the present qualitative study to investigate what the items on that form meant to students.