Education Commons^™

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.

Problem-Solving Tips For School Business Officials, David Alan Dolph

Educational Leadership Faculty Publications

School business officials must be able to analyze problems and develop effective solutions. Arriving at solutions involves identifying the relative importance of the problem, what is known additional information is required, who is involved, what’s at risk, and the ultimate goal.

Most problems are easily resolved based on policy, experience, and knowledge of school business. However, some problems are more complex. School business officials don’t always have all the information they need, aren’t familiar with the personnel involved, or are faced with conflicting priorities.

A handbook on data-based decision making (Kowalski 2009) offers a basic format involving three steps:

1. …

Meeting The Needs Of Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The Individuals with Disabilities Education Act (IDEA, 2005) requires states, through local school boards, to provide students with disabilities with a free appropriate public education (FAPE) in the least restrictive environment consistent with the content of their Individualized Education Programs (IEPs). As important as it is to educate students with disabilities, the cost of serving these children is much higher than that of their peers in regular education.

Most recently, the Tenth Circuit upheld Rowley’s “some educational benefit” standard in Endrew F. v. Douglas County School District RE-1 (2015). In Endrew F., the panel affirmed that a school board in …

Update On School Searches, Charles J. Russo

Educational Leadership Faculty Publications

School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.

Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.

School Crisis Plans: Are You Prepared?, David Alan Dolph

Educational Leadership Faculty Publications

The majority of states have statutes requiring school districts to develop school safety plans focused on preventing and responding to crisis situations. Plans may include protocols for disseminating school safety plans to appropriate personnel; mandatory fire, tornado, or active drills; and community involvement.

Although the degree of comprehensiveness of those plans depends on state legislation, all should include the basic elements offered here, focused on creating secure school environments.

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 …

Fair Share Fees, Teacher Unions, And The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

Disputes over whether teachers who are not union members must pay for the benefits they receive under their bargaining contracts have been litigated for almost 40 years. Amid conflict over the ability of teachers’ unions to collect fair share fees from nonmembers, the Supreme Court re-entered the controversy in Friedrichs v. California Teachers Association (2016), leaving the door open to future litigation on the status of fair share fees.

An Overview Of The Every Student Succeeds Act, Charles J. Russo

Educational Leadership Faculty Publications

Controversial since becoming law in 2002 as the re-authorization of the 1965 Elementary and Secondary Education Act, the No Child Left Behind Act (NCLB) has been portrayed by critics as federal overreach in education, even as supporters viewed the bill as a necessary reform to improve the academic performance of students in K–12 schools. Regardless, NCLB proved so unwieldy that 43 states and the District of Columbia received waivers from many of its accountability provisions in return for adopting policies favored by the U.S. Department of Education (Layton 2015).

The recent seven-year-overdue re-authorization of the law received widespread bipartisan support …

Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath

Educational Leadership Faculty Publications

In the December 2014 issue of School Business Affairs, this column (Russo 2014) addressed a case from Pennsylvania, Munroe v. Central Bucks School District (2014), that explored the free speech rights of public school teachers who blog on the Internet.

In Munroe, a school board in Pennsylvania dismissed a tenured high school teacher who posted controversial, derogatory remarks about her students and others on her personal blog. The Third Circuit subsequently affirmed that insofar as the blog entries were disruptive to school operations, the teacher’s dismissal did not violate the First Amendment (Munroe 2015).

Munroe highlights the need for school …

Teacher Unions, The Right-To-Work And Fair Share Agreements, Charles J. Russo

Educational Leadership Faculty Publications

The status of collective bargaining in public education has been in an almost constant state of flux recently. More than 30 states have adopted laws that allow teachers and other public school employees to form unions to bargain collectively with their boards over the terms and conditions of their employment.

Amid debates over their status in public education, the Supreme Court has consistently upheld the right of unions to charge fair-share fees even as it limited their scope. Fair-share or agency fees are based on the premise that insofar as nonmembers benefit from union activities, they should have to pay …

Technology Paved The Road For Students In A High-School Dropout Recovery Program To An Online College Class, C. Jayne Brahler

Physical Therapy Faculty Publications

Although there are Federal programs that are intended to assist a wide range of people with getting a college education, the educational attainment statistics confirm that these programs are not reaching the students who are the least apt to go to college. This chapter describes how technology enabled 52 inner-city high school students, 49% of whom had cumulative high school grade point averages (GPA) that were between 1.0 and 1.9 points, to be dually enrolled in an online college class and their online high school classes. The class average for the quizzes the students completed was 88% and the students …

Developing Lockdown Policies, Charles J. Russo

Educational Leadership Faculty Publications

Hardly a week passes without reading or hearing about a school being locked down because of concerns for the safety of students, teachers, and staff. The increasing number of events that prompt lockdowns presents a sad commentary about today’s world. Aware of the very real possibility of threats of violence on campus, district leaders must ensure that they have current policies that cover the safety and risk management issues associated with imposed lockdowns.

Reporting And Protecting Students From Child Abuse, Charles J. Russo

Educational Leadership Faculty Publications

A tragic reality of American life is that a significant number of children are abused and neglected, even killed, by the hands of their parents and caregivers. In fact, 2013 data from the Centers for Disease Control and Prevention reveal that 678,932 incidents of child abuse and neglect were reported to Child Protective Services (CPS) nationally, with about 27% of those cases involving youngsters under the age of three (CDC 2015).

Moreover, the CDC noted that the CPS data suggest that their reports may underestimate the occurrences of child abuse and neglect. That same report estimates that about 1,520 children …

The Importance Of Understanding School Law, Charles J. Russo

Educational Leadership Faculty Publications

In an increasingly litigious society wherein parents and their children file a broad spectrum of claims against school systems, it is essential that education leaders have at a minimum a basic understanding of school law.

Before 1954, the Supreme Court addressed only a handful of cases involving K–12 schools and higher education. Brown v. Board of Education of Topeka (1954), perhaps the Supreme Court’s most important education-related decision, ushered in an era of equal educational opportunities and key legislations, such as the Elementary and Secondary Education Act of 1965, now the No Child Left Behind Act (2002); Title IX of …

Sbos As Leaders Of Change, David Alan Dolph

Educational Leadership Faculty Publications

Federal and state education mandates have prompted more changes in PreK–12 education in the past several years than during any other time in American education history. The sheer volume of changes and their complexity have put school business officials to the test as never before.

Among the more challenging issues for school business officials are the budgetary implications of the Affordable Care Act, special-education regulations, new food-service mandates, and safety and environmental regulations.

School business officials and other education leaders must lead the district and the community through the changes brought on by those mandates. How do they do that …

Selecting Instructional Materials, Charles J. Russo

Educational Leadership Faculty Publications

A recent dispute from Columbus, Ohio, that made some national headlines dramatically illustrates what can happen to teachers who fail to preview materials and consequently show inappropriate films or use other media unsuited for student instruction.

The outcome of that case was more dramatic and unusual than in similar cases. Even so, this incident demonstrates that educators in K–12 schools can lose their jobs if they fail to use their discretion and comply with board policies in selecting appropriate materials and subjects for their classes and previewing materials before using them in instructional settings.

Transportation For Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Transportation and other related services for students with disabilities are essential, and the costs associated with their delivery can weigh heavily on district budgets and the minds of school business officials.

School districts typically offer transportation to students with disabilities in district-owned and -operated vehicles, in vehicles owned and operated by private service providers, or via public transportation; occasionally, districts may enter into contracts with parents to transport their children to school. When students are unable to access the standard modes of transportation, school officials must make special transportation arrangements. According to the Individuals with Disabilities Education Act (IDEA) regulations, …

An Update On Student Equal Access, Charles J. Russo

Educational Leadership Faculty Publications

In Board of Education of Westside Community Schools v. Mergens (1990), the Supreme Court upheld the Equal Access Act (EAA), a federal law enacted to permit student-organized groups to meet during noninstructional time.

The EAA traces its origins to Widmar v. Vincent (1981). At issue in Widmar was a policy whereby officials at a state university in Missouri made campus facilities generally available to student groups for their activities. Treating religion as a form of free speech, the Supreme Court ruled that insofar as officials allowed more than 100 student groups to use campus facilities, they created a forum for …

Making Oral Communication A Successful Part Of The Common Core, Jon A. Hess

Communication Faculty Publications

Adoption of the Common Core State Standards (CCSS) represents the first time that oral communication has been included in the curriculum requirements for K–12 education in many states. If done well, this change will provide important benefits to students. However, effective implementation will require collaboration among policymakers, educators, and experts in oral communication.

As educators work to strengthen primary and secondary education in the United States, many agree that schools need educational standards that are grounded in today’s needs and shared across states. The CCSS have emerged as a potential solution, and the majority of states have adopted these standards. …

A Primer On Federal Statutes Affecting Education, Charles J. Russo

Educational Leadership Faculty Publications

Before the Supreme Court’s monumental decision banning racial segregation in schooling in Brown v. Board of Education (1954), the federal government had little direct involvement in national education policy. Subsequently, the federal government has assumed a major role in setting national education policy.

The federal government’s first post- Brown major legislative enactment, in 1958, was the adoption of the National Defense Education Act (NDEA). Enacted largely in response to the Soviet Union’s launching of Sputnik 1, the NDEA, made federal funds available to education institutions to focus on areas considered critical to national defense, such as mathematics, science, and foreign …

Communication And The Common Core: Disciplinary Opportunities, Joesph M. Valenzano

Communication Faculty Publications

The subject of how to strengthen primary and secondary education in the United States is widely discussed in news and popular media. While an extensive range of opinions have been expressed, the common thread is that these issues are normally situated in the domain of politicians and K-12 teachers. Primary and secondary education are rarely addressed by scholars who publish in Communication Education.

This divide between Communication researchers in higher education and K-12 practitioners reflects generally weak connections between the two domains. As seems fitting for our changing times, that situation is also ripe for change. In tandem with the …

"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 …

Ceo Impact On Superintendents, Theodore J. Kowalski

Educational Leadership Faculty Publications

Noting that collaboration between business executives and superintendents was wide but not deep, a Harvard Business School monograph, "Partial Credit: How America's School Superintendents See Business as a Partner," identified positive findings regarding access. Nearly two-thirds of 1,117 responding superintendents said they had access to business leaders to whom they could turn for advice and support. In urban districts, the figure was 84 percent. However, responses to a question on the AASA's decennial survey suggested otherwise.

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 …

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Educational Leadership Faculty Publications

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world.

The first book of its kind, this volume consists of …

Institutional Merit-Based Aid And Student Departure: A Longitudinal Analysis, Jacob P. K. Gross, Don Hossler, Mary B. Ziskin, Matthew S. Berry

Educational Leadership Faculty Publications

The use of merit criteria in awarding institutional aid has grown considerably and, some argue, is supplanting need as the central factor in awarding aid. Concurrently, the accountability movement in higher education has placed greater emphasis on retention and graduation as indicators of institutional success and quality. In this context, this study explores the relationship between institutional merit aid and student departure from a statewide system of higher education. We found that, once we account for self-selection to the extent possible, there was no significant relationship. By contrast, need-based aid was consistently related to decreased odds of departure.

Principal Dispositions Regarding The Ohio Teacher Evaluation System, Theodore J. Kowalski, David Alan Dolph

Educational Leadership Faculty Publications

The Ohio Teacher Evaluation System (OTES) was first implemented during the 2013-14 school term. This study examined principals’ dispositions at the end of this school term. Findings revealed several major concerns. The most prominent were (a) not having sufficient time to implement the program properly, (b) basing a teacher’s performance heavily on student value-added data, and (c) being required to assist teachers in developing their annual improvement plans. Three independent variables, teaching experience, administrative experience, and level of school assignment, were found to have only a low level of association with principal dispositions. With respect to teacher evaluation generally, findings …

International Perspectives On Student Behavior: What We Can Learn, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Educational Leadership Faculty Publications

The second volume of companion books on comparative student discipline identifies the best practices in dealing with student misconduct, on six continents, in a legally sound manner. It is essential for educators to examine national as well as international practices addressing student misconduct in schools because learner misbehavior often has a detrimental effect on the quality of teaching and learning in elementary and secondary schools. The countries covered are Brazil, China, Malaysia, Turkey and South Africa.

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 …

Legal Issues Surrounding Christmas In Public Schools, Charles J. Russo, Ralph D. Mawdsley

Educational Leadership Faculty Publications

As the United States becomes increasingly religiously diverse, surprisingly relatively little litigation has occurred over the celebration of religious holy days and holidays in public schools. Although the Supreme Court has addressed Christmas displays on two occasions—in Lynch v. Donnelly (1984) and County of Allegheny v. American Civil Liberties Union (1989)—neither case directly concerned public schools.

The status of holiday celebrations in public schools is a key, if seasonal, issue in light of the importance of religion in the lives of many Americans, as educators seek to teach students to appreciate diversity in all of its manifestations, including religion.