Jeff Burgess
EAD 6083 
Dr. Dennis Cooper
Reflective Paper
Spring 2002

Essentials in School Law, Finance, and Buildings

The Rights of Students, Disabled Students, and Teachers. (ISLLC V, VI) 
	School administrators must consider many legal issues.  First , Fourth, and Fourteenth Amendment rights apply to public schools.  The First Amendment guarantees freedom of speech, religion, assembly, and press.  The Fourth Amendment covers concerns privacy such as search and seizure and drug testing.   The Fourteenth Amendment provides equal protection from discrimination because of race, gender, ethnicity, or disability, as well as property rights, school attendance, and teacher tenure.
	Court cases have determined:
•	School officials may not silence or regulate student expression because they do not like it – only if the expression is disruptive or an invasion of the rights of others.  (Tinker 1969).
•	Schools have the right to prohibit vulgar speech. (Fraser 1986)
•	Schools may exercise editorial control over the content of student activities (Hazelwood 1988)
•	The United States Supreme Court determined in 2002 that the classroom practice of allowing students to grade each other’s work is not a violation of the Family Educational Rights and Privacy Act (FERPA).
	Teachers are protected by tenure laws, contracts, and the Fourteenth Amendment Due Process Clause that requires a hearing to deprive liberty or property. The First Amendment protects teachers who speak out on matters of public concern.  
	Administrators must always consider the rights of others before taking action.  That is one reason I prefer not to make decisions on discipline or personnel matters without extended contemplation of consequences and implications, and perhaps consultation of an authority with adequate experience in the matter.  	

School Law, Liability, Church and State, and Current Legal Trends (ISLLC VI, V)
	The Establishment Clause of the First Amendment says that government may not establish religion.  School officials must be careful to be neutral toward religion, neither promoting or inhibiting religion.  When planning an a school activity, be careful to consider:
•	Is there a distinct educational purpose?
•	Have I ensured the activity does not promote or inhibit religion?
•	Does the activity serve the educational mission of the school or academic goals of a course?
•	Does the activity isolate any student or parent as an outsider?
•	Are teachings about religion balanced, academic, and accurate?	
	Tort liability damages can be awarded in three different situations:  
•	Negligence – teachers need to supervise students appropriately.
•	Intentional – assault or battery.
•	Strict liability – dangerous situations, unsafe conditions. 
Planning, Maintenance, Management, and Operation of the Physical Plant (ISLLC III)
	The physical appearance of the building is the first thing the public sees when they look at your school.  Major responsibilities for maintenance an operations include the use of funds, scheduling activities, and personnel administration.  Maintenance programs should be concerned with safety, serviceability, energy conservation, and general economy.  Four classifications of maintenance are preventative, periodic, recurring, and emergency.  Public relations can be enhanced through common sense maintenance measures such as keeping paper and litter removed, entrances, exits ,and hallways free of clutter, clean and painted interiors, adequate lighting, and all public areas should be clean, neat, and safe.
	As an administrator, it will likely be difficult to find and keep qualified maintenance personnel at the low salaries that are set up for public school employees.  I know I will demand quality work to ensure  a positive environment.  An atmosphere of cleanliness, neatness, and organization will promote achievement by portraying a sense of pride and security.

District Budget and School Expenditures Procedures (ISLLC III, IV, V VI)
	Budget preparation requires an organizational plan with attainable goals for improvement of the school and student achievement. Items to be considered include teacher personnel data, including qualification, experience, and the salary schedule.  Teacher, administration, and staff salaries make up a large portion of the school budget.  Pupil data to be considered includes enrollment and average daily attendance.  Other expenses to be considered include textbooks, equipment, and supplies.  Support services include transportation, health, and food services.  
	Available revenue should be estimated based upon past experiences, sources of revenue, and program and funding changes at federal, state, and local levels.  Local and county revenue sources include tax levies, trust funds, fines, utility taxes, and federal property taxes.  State sources include the basic formula, transportation aid, special education funds, remedial reading. free and reduced lunch, and foreign insurance/free textbook aid.  Federal sources include Title I (academic achievement), Title II ( professional development), Title III (systemic improvement), Title IV (safety) and the Individuals with Disabilities Act.  
	It would be nice to see a revised state basic formula that distributes fund more equally and consistently.  As an administrator, most major concerns will likely involve financing or a lack of financing.