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