Education Commons^™

Update: The Supreme Court And Affirmative Action, Charles J. Russo

Educational Leadership Faculty Publications

Few issues in education have generated more ongoing controversy during the last half-century than affirmative action. Supporters view it as a positive step to eliminate the effects of past discrimination. Conversely, critics speak of race-conscious policies that they maintain create greater problems by failing to address how granting preferences today remedies past inequities.

Although typically more contentious in higher education, affirmative action is the centerpiece of this column because of the impact that race-conscious policies can have on K–12 schools.

Fifth Amendment Rights: Questioning Students, Charles J. Russo

Educational Leadership Faculty Publications

Because juveniles are increasingly subject to questioning about their potential involvement in what may constitute adult criminal activities, the role of law enforcement personnel, including police officers and school resource officers (SROs), in interrogating students is worth visiting.

This column examines early litigation on student Fifth Amendment rights and a more recent case, N.C. v. Commonwealth (2013), in which an assistant principal (AP) interviewed a student about giving prescription drugs to a peer. The questioning took place in the presence of a deputy sheriff who served as an SRO but because the AP did not read the student his Miranda …

Sniff Dogs In Schools: Do The Noses Know?, Charles J. Russo

Educational Leadership Faculty Publications

As drugs and other contraband made their way into schools starting in the 1960s, education leaders turned to drug-sniffing dogs, which typically work in conjunction with law enforcement officials, to detect the presence of contraband in learning environments. In fact, sniff dogs—or their noses—are a highly effective, reliable, and unobtrusive means of discovering potentially dangerous contraband, such as drugs, alcohol, and even gunpowder from firearms. Accordingly, the vast majority of courts have upheld the use of sniff dogs in schools when challenged under the Fourth Amendment’s prohibition against unreasonable searches and seizures.

The use of drug-sniffing dogs has come to …

Attending School Matters: Policies To Eliminate Chronic Absenteeism, Charles J. Russo, Carolyn Talbert-Johnson

Educational Leadership Faculty Publications

Chronic absenteeism is among the most pervasive challenges facing public education in the United States as 1 in 10 students misses a month or more of school annually. Further, approximately 7% of fourth and eighth graders miss at least a week of school per month, whereas an estimated 5.5% to 20% of students are absent every day in some urban schools where absentee rates reach as high as 30% (Balfanz and Byrnes 2012).

As education leaders and policy makers debate the merits of new intervention strategies under the No Child Left Behind Act and Individuals with Disabilities Education Act to …

Has Time Expired For Zero Tolerance Policies?, Charles J. Russo

Educational Leadership Faculty Publications

Zero-tolerance policies call for the consistent application of consequences for student offenses involving violence, bullying, tobacco, alcohol, drugs, and weapons in school or at school-sponsored events. As educators struggled to eliminate student violence during the last 25 years, states adopted zero-tolerance statutes to address the rise of juvenile delinquency and the possession of weapons and drugs in schools.

Insofar as debates over zero-tolerance policies rage as violence, bullying, drugs, tobacco, and weapons in schools continue to be a major concern for educators, the remainder of this column is divided into three substantive sections. The first section briefly reviews arguments in …

Due Process And Employee Performance, Charles J. Russo

Educational Leadership Faculty Publications

As school boards face financial challenges due to a faltering nation economy and increasing calls for accountability, school business officials and other education leaders need to develop plans for effective documentation of staff performance to justify employment decisions and to avoid unnecessary litigation.

All states require education leaders to provide varying levels of due process when dealing with teachers and other staff members with tenure or continuing contracts who are subject to discipline or dismissal, but the laws often leave practical details unanswered.

Access To Facilities By Non-School Religious Groups: An Enduring Issue, Charles J. Russo

Educational Leadership Faculty Publications

Among the many duties of school business officials (SBOs), their boards, and other education leaders is establishing policies governing access to district facilities. When disputes over access are litigated, the judiciary walks a fine line, as courts generally grant school officials discretion in defining use policies. However, as discussed below, when it comes to granting access to public school facilities, educators cannot violate the constitutional rights of a group based on the religious content of its speech.

In light of the enduring issue over access to facilities by nonschool religious groups, this column reviews relevant Supreme Court precedent before examining …

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Educational Leadership Faculty Publications

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …

Handbook Of Comparative Higher Education Law, Charles J. Russo

Educational Leadership Faculty Publications

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …