Post on 29-Jan-2016
transcript
ECC 513: ETHICS & LAW FOR SCHOOL BASED
PRACTICELesson 2
8:00am – 8:30am Review of Last Day
8:30am – 10:30am School Law
11:00am -12:00 4 Fold
12:00pm – 12:30pm Nutrition Break
12:30pm - 2:00pm 4 Fold Presentations & Discussion
2:00pm - 4:00pm Scenario Development -Final Polish
4:00pm - Review of the Day
AGENDA
The School Act
Focusing Exercise As we go through the School Act note:
◦ three things that were confirmed for you◦ three things you learned◦ a question you have about the School Act
Which Section(s) of the Act is/are most relevant to you now and when you are an administrator?
The School Act
Part 1 - Interpretation Part 2 – Student and Parents Part 3 – School Personnel Part 4 – School Trustees Part 5 – Conflict of Interest Part 6 – Boards of Education Part 6.1 - Companies Part 7 – School Property Part 8 – Finance Part 8.1 – FEA (Section 23 Charter Issue)
Part 9 – General Schedules Amendments
The School Act
“Parts” are broken into Divisions
◦ Part 2 – Students and Parents
Division 1 – Students Division 2 - Parents Division 3 – Joint Rights & Duties Division 4 – Home Education
The School Act
“Divisions” are broken into Sections◦ Part 2 – Students and Parents
Division 1 – Students Section 2 – Access to educational program Section 3 – Entry to educational program Section 3.1 – Students in grades 10 to 12 Section 4 - Consultation Section 5 –Language of Instruction Section 6 –Duties of a student
The School Act
“Sections” are broken into Clauses◦ Part 2 – Students and Parents
Division 1 – Students Section 2 – Access to educational program Clause 1
Subject to section 74.1, a person is entitled to enroll in an educational program provided by the board of a school district if the person
Clauses are broken into Sub-clauses 2 (1) Subject to section 74.1, a person is entitled to
enroll in an educational program provided by the board of a school district if the person (a) is of school age, and (b) is resident in that school district
The School Act
Part 1 - Interpretation Part 2 – Student and Parents Part 3 – School Personnel Part 4 – School Trustees Part 5 – Conflict of Interest Part 6 – Boards of Education Part 6.1 - Companies Part 7 – School Property Part 8 – Finance Part 8.1 – FEA Part 9 – General Schedules Amendments
The School Act
Part 6Boards of Education
Division 1◦ The Board (District) is a Corporation◦ Meetings must be held in Public (exceptions)◦ Secretary-Treasurer must be present at all
meetings (two exceptions)
◦ Minutes must be kept and made available◦ The Boards Acts through
Board of Education making decisions (Part 6) Bylaws Resolutions No other means
Delegation of Authority to Staff Statutory Authority Delegated Authority
Part 6 – Boards of Education
Ministry of Education
Board Of Education
Secretary Treasurer
Superintendent of Schools (CEO)
Business, Administrative & Financial
Activities
Vision, Organizational &
Educational Issues
Principals& Teachers
Part 6 – Boards of Education
Division 2 - Powers and Duties
◦ 73 Establishment and closure of schools◦ 74 Management of schools and property◦ 74.1 Enrolment in an educational
program◦ 75 Provision of educational program◦ 75.1 Catchment areas◦ 76 Conduct◦ 76.1 Class size◦ 76.2 Organization of classes –
consultation at the beginning of the school year
◦ 76.3 Organization of classes – report◦ 76.4 Organization of classes – changes
after date on report◦ 76.5 Special Administrator – class size
compliance◦ 76.6 Special Administrator – compliance
with consultation and reporting requirements
◦ 76.7 Special Administrator – general◦ 76.8 Authority of vice principal under
sections 76.1 to 76.6
◦ 77 School calendar◦ 78 Standard school calendar◦ 78.1 Extended day and year-round
schooling◦ 79 Student records◦ 79.1 Transmitting records◦ 79.2 Achievement contracts◦ 79.3 Report on Student Achievement◦ 79.4 Administrative directives◦ 81 Reports◦ 81.1 District literacy plans◦ 82 Fees and deposits◦ 82.1 Specialty Academies◦ 82.2 Trades Programs◦ 82.3 Musical Instruments◦ 82.4 Requirements for financial hardship
policy◦ 83 Financial assistance◦ 84 Insurance◦ 85 Power and capacity◦ 86 Agreements◦ 87 Training of student teacher
Note: A Duty is nothing more than a Responsibility
Division 3 - Health and Other Support Services◦ 87.1 Definitions for this Division◦ 88 Support services for schools◦ 89 School medical officer◦ 90 Inspection and closure of school◦ 91 Examinations and reports by school medical
officer◦ 92 Board may require employee to undergo examination
Division 4 - Limitation of Actions and Indemnification◦ 93 Interpretation◦ 94 Actions against board◦ 95 Indemnification against proceedings
Part 6 – Boards of Education
Part 4 & 5School Trustees and Conflict of Interest
Governing body of the Board of Education Policy setting body Representatives of the “public”
◦ Parents & Students◦ Non-parents and non-students (i.e. ratepayers)
“Trustees” of the system
Part 4 – School Trustees Intro
Elected every 3 years in a General Election◦ Must adhere to certain requirements to run form
office◦ Must “open up” their personal lives to scrutiny
from the Press & Public Form the Board of Directors
◦ Have Statutory responsibilities Swear an “Oath of Office”
. . . Is harder than it looks (and is thank-less) !
Part 4 – School Trustees
Direct Pecuniary
Indirect Pecuniary
Not in the Act◦ Common Law – “Bias”
Can be removed from Office for breaching the Conflict of Interest rules
Part 5 – Conflict of Interest
Part 2Students & Parents
Division 1 - Students 2 Access to educational program 3 Entry to educational program 3.1 Students in grades 10 to 12 4 Consultation 5 Language of instruction 6 Duties of students Division 2 - Parents 7 Parents’ entitlements and responsibilities 7.1 Parent volunteers 8 Parents’ advisory council 8.1 School planning council 8.2 Role of a school planning council 8.3 School plan 8.4 District parents' advisory council 8.5 Purpose and operation of district parents' advisory council Division 3 - Joint Rights and Duties 9 Examination of student records 10 Liability for damage to property 11 Appeals 11.1 Appeals to superintendent of achievement 11.2 Powers and duties of superintendent of achievement on appeal 11.3 Board decision may be suspended 11.4 Adjudication of appeals 11.5 Reconsideration by board 11.6 Decision final 11.7 Application of the Administrative Tribunals Act 11.8 Immunity protection for superintendent of achievement, mediator or adjudicator
Part 2 – Students & Parents
Duties of a Student◦ Follow the rules (Code of Conduct) and attend School
Duties & Rights of a Parent◦ Be kept informed
School Plan, Achievement Contract, & Students progress
◦ Be Involved Volunteer, member of PAC, attend meetings
Must attend a meeting IF requested by a Teacher or A.O.
PAC’s◦ More than fund-raisers and lunch providers◦ Form a part of the SPC’s◦ Understanding their roles & responsibilities
Part 2 – Students & Parents
2 Access to educational program 3 Entry to educational program 3.1 Students in grades 10 to 12 4 Consultation 5 Language of instruction 6 Duties of students
Division 1 – Students
11 Appeals◦ (1) In subsections (2) and (4), "decision" includes the failure of an employee to make a
decision.◦ (2) If a decision of an employee of a board significantly affects the education, health or
safety of a student, the parent of the student or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal that decision to the board.
◦ (3) For the purposes of hearing appeals under this section, a board must, by bylaw, establish an appeal procedure.
◦ (4) A board may refuse to hear an appeal under this section unless the appellant discusses the decision under appeal with one or more persons as directed by the board.
◦ (5) A board may establish one or more committees for the purpose of investigating appeals under this section.
◦ (6) A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section, and, subject to section 11.1(1), the decision of the board is final.
◦ (7) A board must (a) make a decision under this section within 45 days of the date on which the board
receives the appeal, and (b) promptly report that decision to the person making the appeal
Part 2 – Section 11
Managed as a quasi-judicial process◦ Board acts like a Tribunal◦ Board looks to see if the “complaint procedure” has been
followed – prior to a hearing
Must adhere to the Doctrine of Procedural Fairness◦ All documents must be shared with the parties◦ Staff cannot talk to the Board ahead of time (other than to
disclose that an issue has arisen)◦ Each group presents their side with the other party(s) in
the room◦ Rebuttal is provided for◦ Board makes a determination with “uninvolved” staff in
the room (In-Camera)◦ Decision is conveyed to the parties
Section 11 Appeals
Appeal to the Superintendent of Achievement◦ May request mediation or adjudication◦ May dismiss all or part of the appeal◦ May suspend (temporarily) the decision of the
Board May set conditions
The Superintendent and Adjudicator◦ Must follow certain provisions of the
Administrative Tribunals Act Court like proceedings
Part 2 – Section 11.1 – 11.8
Time for a stretch.
Which sections of the School Act do you think a building administrator should be very familiar with?
SCHOOL ACT
For each of the following concepts in the School Act:◦ A) Identify a possible or actual legal
issue/challenge ◦ B) Develop a scenario, real or realistic, related to
ONE of the sections. (Your scenario may be selected for another group to respond to.)C) Identify related Acts or legislation that should be checkedD) Identify Sections of the School Act that
apply
THE SCHOOL ACT
Parent volunteers Parents’ advisory council Role of a school planning council School Plan Access to educational program Duties of students Examination of student records Appeals Closure of schools Management of schools and property Enrollment in an educational program
CONCEPTS
Catchment area Class Size & Composition School Calendar Fees & Deposits Use of Volunteers Field Trips
CONCEPTS
1. The scenario developed is realistic and requires creative problem solving. ( /30 )
2. Resolving the scenario involves consulting sections of the School Act and no less than two other Acts. ( /30 )
3. The scenario is well laid out and has a strong representation of the facts related to the situation. (/ 10 )
4. The scenario exhibits a strong degree of complexity. (It is not black and requires a thoughtful and sensitive response.) ( /10 )
Marking Rubric
Teachers as Employees
Teachers as State Agents Of The Police
Discipline, Suspension, Expulsion
Teachers As Parents
Student Rights Under The Charter
Four Fold
Four Fold Presentations
An ETHICAL DILEMMA is a choice between TWO RIGHTS –A TOUGH DECISION THAT OCCURS WHEN TWO CORE VALUES COME INTO CONFLICT
Definition
Right versus Wrong
The five tests for wrong: The legal test The professional standards test The gut-feeling test The front-page test The role-model test
Right Versus Right Dilemmas
The four dilemma paradigms 1. Truth versus loyalty Report a co-worker for unprofessional conduct or talk to her
and hope she changes before something happens. 2. Individual versus community Subdivide and sell your Home and property to g Generate more income For yourself or maintain The appeal of the neighbourhood
Right Versus Right Dilemmas
The four dilemma paradigms
3. Short-Term vs Long-TermTake a job that pays more now but may not lead anywhere, orTake the job that will develop, and pay more, in the long run.
4. Justice vs MercyLet an employee go becauseProblems at home haveCaused him to show up late For work, or give him some Time, and some help, to Resolve those issues.
DILEMMA ANALYSIS Readings:
The Ethics of Right versus Right
Resolution Principles
Choose a partner.
Each team will be given a dilemma.
Break into sub groups and prepare to share your group dilemma with the whole class.
The Four Dilemma Paradigms
Key Questions
For each dilemma example ask: Who is the actor? What is the context? What happened? What are the two rights? Why is each choice right? Which dilemma paradigm(s) fits the case?
After identifying a problem and framing it as a right vs right conflict now we have to look at a process for deciding which of the two rights in the conflict is the “higher right”.
Resolving Dilemmas
Three “decision principles” for deciding ethical dilemmas.◦ 1. Ends-Based
◦ 2. Rule-Based◦ ◦ 3. Care-Based◦
Resolving Dilemmas
ENDS-BASED◦ Do whatever provides the greatest good for the
greatest number.
◦ 1. If I made this choice, what would happen?◦ 2. If I made the other choice, what would
happen?◦ 3. Which of these two actions would produce the ◦ most good (or least harm) for the most people?
Resolving Dilemmas
◦ RULE BASED If everyone in the world were to do what I am about
to do---to follow the rules that I am about follow—is that the kind of world I would want to live in?
Resolving Dilemmas
CARE-BASED◦ The “Golden Rule” ◦ Do unto others as you have them do unto you.
◦ 1. Put yourself in the other person’s shoes and ◦ imagine how it would feel.◦ 2. Which choice would you want to be made?◦ 3. The critical element is determining who is the ◦ most important “other”.
Resolving Dilemmas
See you next class
Handout “Analyzing” Ethical Dilemmas
Groups of three◦ Each group develop an ethical dilemma
◦ Groups trade dilemmas and resolve them using the handout format.
◦ Class discussion re: using the ethical framework for resolving ethical dilemmas.
Resolving Dilemmas
Scenario Development & Response
Imagine you are representing your school/District and develop a plan of action that is not limited to, but includes:◦ 1. List of what to do and what not to do.◦ 2. Identify who you would consult with for
support and direction. ◦ 3. Sections of the School Act and other Acts you
would need to consult and why they are important to your scenario.
◦ 4. The facts/information you will need to collect.◦ 5. Your action plan including time line.
Making a Case
1. The action plan is realistic and demonstrates creative problem solving. ( /30 )
2. The action plan involves consulting sections of the School Act and no less than two other Acts. ( /30 )
3. The action plan is well laid out and has a strong representation of the facts related to the situation. (/ 10 )
4. The action plan demonstrates an understanding of the principles of practice and precedent. (It is thoughtful.) ( /10 )
Marking Rubric
Read the scenario you have been given and develop a plan of action that includes:◦ 1. List of what to do and what not to do.◦ 2. Identify who you would consult with for
support and direction. ◦ 3. Sections of the School Act and other Acts you
would need to consult. ◦ 4. The facts/information you will need to collect.◦ 5. Your action plan including time line.
Getting Traction
1. There is strong evidence the root issues have been identified. ( /20 )
2. The sections of the School Act and the two related Acts have been identified with an explanation of how and why they are relevant. ( /20 )
2. The action plan is realistic and reflects creative problem solving. ( /20 ) 4. The action plan is well laid out and
demonstrates a strong understanding of the facts and issues involved. ( /20 ) 5. The action plan exhibits a strong degree
thoughtful and sensitive interventions. ( /20 )
Marking Rubric
List three things you have learned
List four things you heard that square with your thinking.
◦ What is that one question that keeps going
◦ around in your mind?
Checking for Understanding