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Educational Leadership Faculty Publications

University of Dayton

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Full-Text Articles in Education

Performance-Based Funding Of Higher Education: Analyses Of Policy Discourse Across Four Case Studies, Mary Ziskin, Karyn E. Rabourn, Donald Hossler Sep 2018

Performance-Based Funding Of Higher Education: Analyses Of Policy Discourse Across Four Case Studies, Mary Ziskin, Karyn E. Rabourn, Donald Hossler

Educational Leadership Faculty Publications

Performance-based funding (PBF) for public colleges and universities is increasingly prevalent worldwide, as a part of a broader pattern of marketisation in public education. This study focused on developing an empirical view of how, and in what contexts, policy makers use the concepts of neoliberal economics to design and support PerformanceBased Funding (PBF) policies in higher education. We analysed 121 policy documents, white papers, evaluation reports, and news items related to PBF policies in four case jurisdictions: Tennessee, Washington, United Kingdom, and Italy. We employed critical discourse analysis methods as framed by Fairclough and colleagues and implemented this approach within ...


The Supreme Court And Education Law, Charles J. Russo Apr 2017

The Supreme Court And Education Law, Charles J. Russo

Educational Leadership Faculty Publications

Compiling a “top 10” list of anything— including Supreme Court cases and justices’ quotes—can be fraught with differences of opinion. Yet discussions about those differences can be useful learning activities, because they can lead to conversations about the underlying legal issues in schools. With that caveat in mind, this column offers key quotes from major Supreme Court cases that played major, even transformational, roles in shaping the landscape of U.S. K–12 education. The quotes are accompanied by brief summaries of why the cases are significant. With the exception of Brown v. Board of Education, Topeka, Kansas (1954 ...


Served Through Service: Undergraduate Students’ Experiences In Community Engaged Learning At A Catholic And Marianist University, Elizabeth M. Fogle, Savio D. Franco, Edel M. Jesse, Brent Kondritz, Lindsay Maxam, Heidi Much-Mcgrew, Cody Mcmillen, Carolyn Ridenour, Daniel J. Trunk Mar 2017

Served Through Service: Undergraduate Students’ Experiences In Community Engaged Learning At A Catholic And Marianist University, Elizabeth M. Fogle, Savio D. Franco, Edel M. Jesse, Brent Kondritz, Lindsay Maxam, Heidi Much-Mcgrew, Cody Mcmillen, Carolyn Ridenour, Daniel J. Trunk

Educational Leadership Faculty Publications

Students participating in sustained community service at an urban Catholic and Marianist university were volunteer informants in this qualitative exploration of the meaning they make of their service experiences. A PhD student research team (nine members) interviewed fourteen undergraduate students (eleven of whom were seniors). Findings were organized as themes constructed within three domains: background, experience, and meaning. Within “background,” students who had prior work in faith-based service before college deepened their meaning of service. Within “experience,” there were social and cultural dynamics of navigating on and off campus life, including the roles students played as well as the challenge ...


Update On Student Vaccinations, Charles J. Russo Feb 2017

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 Feb 2017

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 ...


Meeting The Needs Of Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr. Jan 2017

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 ...


School Crisis Plans: Are You Prepared?, David Alan Dolph Dec 2016

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.


Update On School Searches, Charles J. Russo Dec 2016

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.


Tenure Wars: The Litigation Continues, Charles J. Russo Nov 2016

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 ...


Affirmative Action Returns To The Supreme Court, Charles J. Russo Oct 2016

Affirmative Action Returns To The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.

Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016 ...


Fair Share Fees, Teacher Unions, And The Supreme Court, Charles J. Russo Sep 2016

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.


Sexual Harassment In Schools, Charles J. Russo Jun 2016

Sexual Harassment In Schools, Charles J. Russo

Educational Leadership Faculty Publications

Eliminating sexual harassment in schools continues to be a national concern. In fact, the Supreme Court has resolved three major cases on this topic, and lower courts continue to resolve a steady stream of disputes. The litigation has moved beyond teacher–student and peer–peer claims to include disputes over harassment because of actual or perceived sexual orientation.


Meeting The Needs Of Student Parents, Charles J. Russo, Rabiah Gul May 2016

Meeting The Needs Of Student Parents, Charles J. Russo, Rabiah Gul

Educational Leadership Faculty Publications

In addition to the struggles teenage parents and their children face, in 2010, teen childbearing also costs taxpayers between $9.4 and $28 billion a year for such expenditures as public assistance payments, lost tax revenue, and public healthcare, foster care, and schooling, according to the Department of Health and Human Services (United States Department of Health and Human Services 2016). In light of the budgeting and social costs of teenage pregnancies and parenting, this is an issue about which educational leaders should be aware.


Faculty Views Of “Nontraditional” Students: Aligning Perspectives For Student Success, Desiree D. Zerquera, Mary Ziskin, Vasti Torres Apr 2016

Faculty Views Of “Nontraditional” Students: Aligning Perspectives For Student Success, Desiree D. Zerquera, Mary Ziskin, Vasti Torres

Educational Leadership Faculty Publications

Faculty serve as a primary point of contact for students in college, playing vital roles in students’ retention and attainment. The perceptions and beliefs held by these institutional actors are important for understanding the context that shapes students’ experiences while they are in college and potentially, long after they leave. The purpose of this work is to examine faculty members’ perceptions of nontraditional student experiences. Findings highlight faculty members’ awareness of students’ multiple roles and obligations; perceptions of student academic success, including barriers to succeeding; and the ways faculty connect with students and the types of connections they forge. The ...


Supreme Court Docket Preview: Are Changes In The Offing?, Charles J. Russo Apr 2016

Supreme Court Docket Preview: Are Changes In The Offing?, Charles J. Russo

Educational Leadership Faculty Publications

During most Supreme Court terms, which begin on the first Monday in October and usually end in late June, the justices accept at least one case focused on education. Two cases before the current Court—Fisher v. University of Texas (2014) and Friedrichs v. California Teachers Association (2014)—have the potential to affect education significantly. Moreover, the sudden death of Supreme Court Justice Antonin Scalia on Saturday, February 13, 2016, may affect these and other cases, especially Fisher, considerably.


An Overview Of The Every Student Succeeds Act, Charles J. Russo Mar 2016

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 ...


Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath Feb 2016

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 ...


Teacher Unions, The Right-To-Work And Fair Share Agreements, Charles J. Russo Jan 2016

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 ...


Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo Jan 2016

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Educational Leadership Faculty Publications

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously ...


Developing Lockdown Policies, Charles J. Russo Dec 2015

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 Nov 2015

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 ...


Financing Education: An Overview Of Public School Funding, Charles J. Russo, William E. Thro, Frank M. Batz Nov 2015

Financing Education: An Overview Of Public School Funding, Charles J. Russo, William E. Thro, Frank M. Batz

Educational Leadership Faculty Publications

Financial resources for public education are increasingly scarce, and district leaders at all levels continue to struggle to maintain adequate levels of financial resources for their students and programs using complex funding formulas unique to their own jurisdictions. To help educators and education stakeholders better understand the dimensions of paying for public education, we begin with an overview of the historical development of school finance litigation that has shaped the funding mechanisms in most jurisdictions. The next section highlights developments in four representative jurisdictions from the funding formulas currently available in ASBO International’s Funding Formula Library. The library, available ...


The Importance Of Understanding School Law, Charles J. Russo Oct 2015

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 ...


Sbos As Leaders Of Change, David Alan Dolph Oct 2015

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 ...


Selecting Instructional Materials, Charles J. Russo Sep 2015

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. Jun 2015

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 May 2015

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 ...


A Primer On Federal Statutes Affecting Education, Charles J. Russo Apr 2015

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 ...


"Friending" Students On Social Media, Charles J. Russo Mar 2015

"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 ...


Special-Education Law In Mexico And The United States, Charles J. Russo, Ricardo Lozano Feb 2015

Special-Education Law In Mexico And The United States, Charles J. Russo, Ricardo Lozano

Educational Leadership Faculty Publications

The challenges of meeting the requirements of students with special needs under the Individuals with Disabilities Education Act and other laws are a particularly timely topic, as large numbers of native Spanish-speaking students move into the United States.

Against that backdrop, this article reviews the laws for special education in Mexico and the United States. The focus on the laws in Mexico stems from the fact that many students cross the border daily to attend public schools in the United States, and because Mexico has many laws in place dealing with special education. We offer school district leaders a comparative ...