Best Interests of the Student: Applying Ethical Constructs to Legal Cases in Education / Edition 2

by Jacqueline A. Stefkovich

Overview

This text for educational leadership courses presents a theoretical model based on the "best interests of the student" for examining legal and ethical dimensions of court cases. It: provides an examination of both law and ethics pertinent to all educators but aimed specifically at school leaders; introduces an ethical decision-making model that focuses on strategies for determining what actions are in the "best interests of the student"; and, demonstrates the application of this theoretical model to practical, authentic situations arising from court decisions.

In the past decade there has been recognition of the need, as well as increased demand, for training courses in ethics for school professionals. The Interstate School Leaders Licensure Consortium standards for the licensing of school administrators require school leaders to possess knowledge of various ethical frameworks and perspectives, to be committed to bringing ethical principles to the decision-making process, and to be committed to developing a caring school community. These standards are reflected in licensing examinations for school administrators and in school leadership training program requirements as set forth by agencies such as the National Council for the Accreditation of Teacher Education (NCATE). This text is designed to prepare school leaders to meet these licensure requirements. It is specifically intended for upper-undergraduate and master's level courses in educational administration, school leadership and supervision programs, as well as for courses in educational foundations and educational policy.

Product Details

ISBN-13:	9780415823791
Publisher:	Taylor & Francis
Publication date:	10/29/2013
Edition description:	Revised
Pages:	240
Product dimensions:	10.80(w) x 7.30(h) x 0.80(d)

About the Author

Jacqueline Stefkovich is an Independent Consultant, Researcher, and Professor Emerita in the Department of Education Policy Studies at the Pennsylvania State University, USA.

William C. Frick is the Rainbolt Family Endowed Presidential Professor of Educational Leadership and Policy Studies at the University of Oklahoma, USA.

Table of Contents

Preface     xi
A Conceptual Framework
Introduction     3
Conceptualizing an Ethical Framework for Educational Leaders     8
A Model for Promoting the Student's Best Interests     17
The Courts, the Law, and Ethics     28
Applying Ethical Constructs to Legal Cases     36
Students' Fundamental Rights
Freedom of Speech     43
Beussink v. Woodland R-IV School District     45
Boroff v. Van Wert City Board of Education     47
LaVine v. Blaine School District     48
Settlegoode v. Portland Public Schools     53
Religious Expression     56
Mozert v. Hawkins County Board of Education     59
Lassonde v. Pleasanton Unified School District     62
United States v. Board of Education for the School District of Philadelphia     64
Censorship and Viewpoint Discrimination     67
C.H. v. Oliva     69
Fleming v. Jefferson County School District     72
Gay Straight Alliance v. Boyd     15
Boring v. Buncombe County Board of Education     79
The Right to Privacy     82
Gruenke v. Seip     85
Doe v. Pulaski County Special School District     88
Davenport v. YMCA     90
Joye v. Hunterdon Central Regional High School Board of Education     91
School Safety and Zero Tolerance     95
Ratner v. Loudoun County Public Schools     98
Seal v. Morgan     100
S.G. v. Sayreville Board of Education     103
Hearn v. Board of Public Education     105
School Governance, the Curriculum, and the Student
Academic Standards, Assessment, and the Right to Education     111
People Who Care v. Rockford     113
Hoffman v. Board of Education     115
Professional Standards Commission v. Smith     118
Teaching, Learning, and the Curriculum     120
Immediato v. Rye Neck School District     122
Nabozny v. Podlesny     124
Billings v. Madison Metropolitan School District     127
Selman v. Cobb County School District     129
Governmental Immunity     134
Thomas v. Roberts     136
Hasenfus v. LaJeunesse     138
Garcia v. Miera     139
Doe v. State of Hawaii Department of Education     141
Equity, Equality, and Equal Protection     143
Timothy W. v. Rochester School District     145
Kadrmas v. Dickinson Public Schools     147
Garrett v. Board of Education of the School District of Detroit     150
Taxman v. Board of Education of the Township of Piscataway     152
Conclusions
Conclusions     157
Appendix     161
References     163
Author Index     173
Subject Index     177

Editorial Reviews

"Best Interests of the Students is an ideal book to use in preparing school administrators. It provides a readable, accessible, thoughtful consideration of pertinent legal cases; gives readers an understanding of different perspectives on the cases; and raises questions to consider these legal rulings from an ethical perspective. I know of no other book on the market that offers such a thoughtful consideration of the intersection of law and ethics for school administrators and would-be administrators."

—Norma T. Mertz, Professor Emerita, Educational Leadership and Policy Studies, University of Tennessee

"Best Interests of the Student is an ideal book to use in preparing school administrators. It provides a readable, accessible, thoughtful consideration of pertinent legal cases; gives readers an understanding of different perspectives on the cases; and raises questions to consider these legal rulings from an ethical perspective. I know of no other book on the market that offers such a thoughtful consideration of the intersection of law and ethics for school administrators and would-be administrators."

—Norma T. Mertz, Professor Emerita, Educational Leadership and Policy Studies, University of Tennessee

"Within this broad theme, the authors examine students’ best interests in the categories of school curriculum, governmental immunity, academic standards, and the rights of students to equality, equity, and equal protection under the law. Professors and instructors who teach in educational leadership or curriculum studies programs will find Stevkovich and Frick’s book unique because it links ethical considerations and legal principles in dozens of case studies that the authors developed from actual court decisions. Each case study is followed by questions that can help guide classroom discussions."

—Richard Fossey, Teacher College Record

From the Publisher