School Budget and Law
Diana Stein
ADMIN/510
July 4, 2016
Russ Cornell
CAPE #2: Developing a Shared Commitment to the Vision Among All
Members of the School Community
The role of the principal is complex. According
to University of Phoenix Understanding and Managing the Complex
Interaction of All of the School’s Systems to Promote Teaching and Learning,
cont. (2014), the
role of the principal includes but is not limited to:
· Collaborating with educational
communities requires a keen understanding of developing, implementing, and
monitoring a school’s budget
· A keen understanding of the
financial records, procedures for accurate record keeping and reporting
requires an understanding of the legal requirements and the ability to utilize
current technologies for financial management and business procedures
· California School Laws, guidelines,
and other relevant federal, state, and local requirements and regulations
· All issues related to constitutional
rights and protections for students and staff (e.g., due process, equal access,
free speech, harassment) in various educational contexts are continually
monitored to ensure compliance of these rights and protections
· Legal issues and responsibilities
related to evolving technological culture (e.g., ensuring equitable access to
digital tools and resources to meet all students’ needs, implementing policies
for the safe and appropriate use of information technology, promoting
responsible use of technology
· District policies and specific laws
(e.g., related to students with disabilities. English learners,
parents/guardians, mandated reporting, confidentiality, liability) at the
federal, state, and local levels affect individuals and schools, and how to
ensure that the school operates consistently within the parameters of
applicable laws, policies, regulations, and requirements affect every aspect
within the organization
(University of Phoenix, 2014).
Developing and monitoring the budget
includes explicit and clear understanding of how the laws affect budgetary
decisions. Professional Development trainings and staff advocacy must be
cultivated to bring the entire staff together on areas of concern from privacy
rights to fairness and equity. The two areas of interest that I have chosen to
focus on for this blog entry are:
1. FERPA as
it directly relates to student privacy, and
2. Technology
Culture specifically related to cyber-bullying and plagiarism.
Family Educational Rights and Privacy
Developing, implementing, and monitoring a staff that shares
a united vision and understands the relevance of the laws in place requires a
firm understanding of why the laws are enacted in the first place is the
principal’s top priority. The principal
must work within limited resources to recruit teachers and position them as
leaders within the organization to maintain that all collective actions are first and
foremost focused
on meeting the needs to benefit those whom we serve: our students.
According to the California Department of Education, charter
school laws regarding spending are as follows:
Charter schools must complete an LCAP (Local Control and Accountability Plan and Annual Update) and
annual update, using the LCAP template adopted by the State Board of Education
(SBE), as stated in Title 5 California Code of Regulations Section
15497.5. There are no waivers or exemptions to this requirement. School
boards and districts are required to work with community stakeholders and
develop a “spending plan.” The spending plan is developed using the SBE-approved template,
which requires additional information regarding goals, actions and services,
and expenditures. In addition, a charter must develop its LCAP with stakeholder
input. A charter’s pupil populations and
stakeholder community may not be fully identified until the charter enrolls
students and begins operations. However, based upon the charter petition
and population intended to be served, a charter preparing to enroll pupils will
have available to it the additional information required to be set forth in its
LCAP, and be able to identify some stakeholders for consultation. The additional information required in the
LCAP is important to stakeholders’ understanding of a charter school’s planned
operation.
The initial LCAP may be revised and
adopted, with stakeholder engagement.
The mission of the
Family Policy Compliance Office (FPCO) is to meet the needs of the
Department’s primary customers – learners of all ages – by effectively
implementing two laws that seek to
ensure student and parental rights in education: the Family Educational
Rights and Privacy Act (FERPA) and
the Protection of Pupil Rights Amendment (PPRA).
(U.S. Department of Education, Family Policy Compliance Office, 2016).
Soon after
we began operations of our High School Cyber Café it became evident that the
rigorous A-G, UC approved coursework, specifically designed for our online programming
would need leveled modifications built-in.
As indicated above, our charter’s pupil population was not fully
identified until the students were enrolled. Our alternative school of choice serves
students with a wide range of sociological, emotional, and academic needs. Many
of the students were struggling to keep up with the rigor of the highly
academic program for a variety of reasons. Some student struggles were due to
modifications that were documented in student records, while other needs had
not yet been identified. The principal needed to use discretion is needed in
knowing how much personally identifiable information from education records to
disclose with staff members to effectively engage and support student learning
and growth.
According to U.S. Department of
Education, Family Policy Compliance Office (2016),
FERPA requires that a consent for disclosure of
education records be signed and dated, specify the records that may be
disclosed, state the purpose of the disclosure, and identify the party or class
of parties to whom the disclosure may be made. 34 CFR § 99.30. As
such, oral consent for disclosure of information from education records would not
meet FERPA’s consent requirements.
This is important legal
information to note for two reasons. First, teachers and staff often feel
compelled to look to each other for support when strategizing the best approach
to meet behavioral and instructional needs of all learners. Second, personal
information about particular students’ needs must remain private and only
released via written, dated, and signed consent for disclosure. Additionally,
according to U.S. Department of Education, Family
Policy Compliance Office (2016),
While FERPA does not specifically prohibit a school
from disclosing personally identifiable information from a student’s education
records over the telephone, it does require that the school use reasonable
methods to identify and authenticate the identity of parents, students, school
officials, and any other parties to whom the school discloses personally
identifiable information from education records. 34 CFR § 99.31(c).
Additionally, while
FERPA does not specifically prohibit a school from disclosing personally
identifiable information from a student’s education records over the telephone,
it does require that the school use reasonable methods to identify and
authenticate the identity of parents, students, school officials, and any other
parties to whom the school discloses personally identifiable information from
education records. 34 CFR § 99.31(c). These are important points to
call to the attention of the staff. In the efforts to serve the student in need
one must always err on the side of caution and use sound judgment in accordance
of the privacy laws mandated by the U.S Department of Education.
All records and
information that contain information on more than one student may only be
inspected or reviewed by the parent or eligible student in question (34 CFR §
99.12.). Additional policies regarding
FAQ’s may be located online at http://familypolicy.ed.gov/faq-page/ferpa-school-officials#t55n225
As a direct result of the needs of our student base
a re-evaluation of the approved LCAP expenditures this past school year
resulted in hiring a full-time school Psychologist and several Student Aides. Support
of students’ socio-emotional needs is top priority. Academics place a close
second.
Technology Culture
The use of technology is synonymous with an online learning center.
In this digital age that we are living in it is clearly evident that students
are well equipped and learned about the availability of every techno-gadget
available. This is not to be confused with the overall lack of knowledge
surrounding best practices while using said gadgets. The result of poor
decisions and lack of empathy have resulted in plagiarism and cyber-bullying
amongst some of our student body.
Digital classrooms extend far past the school’s campus. The
use of smartphones and social media have seemingly permeated every pore of
human existence. Students regularly use their phones to complete assignments,
from beginning to end, even when more robust technology is made available at
arm’s reach. The smart phone has nearly become a permanent fixture at the end
of our arms– students and staff alike.
Moreover, the smart phone has replaced a space in human interaction that
had previously looked like days spent together investigating, inquiring, and exploring
deeper. At first glance exploration is now limited to the eager and then
duplicated to the masses via technological devices. To make matters worse, answers
to questions on quizzes and cumulative exams are posted in SnapChat and InstaGram
as screen shots are shared shamelessly across the cybercafé. Although adult supervision is dutifully watching
there is plenty that goes undetected on any and every given day.
Students can easily submit assignments online. Some
teachers utilize services like Turnitin.com to check for plagiarism. Digital
feedback may include text, and/or audio comments via Schoology. Teachers utilize a variety of technological
tools to collect, grade, and return most assignments including email and website
submission pages (LMS). This begs the question of Digital Citizenship. It is
the topic of concern for many educators. According to Edutopia (2016):
Students routinely demonstrate appropriate online
interaction and encourage peers to do the same. Students are given lessons to
understand the concept of copyright and fair use, as well as the new concept of
“creative commons” approach to copyright law. Students occasionally use social
media for class purposes and maintain standards of appropriate behavior when
using it. Bad behavior like cheating, sexting, and cyber-bullying is
discouraged (Sedique, 2014).
While I would like to state that this
is true in its entirety, I have personally witnessed otherwise. The worst part
of all of this is the intention behind the actions. Poor behavior and actions
cross the divide between academic and social behaviors. When students bully
each other online the footprint is permanent. As a direct result, 49 states now
have laws against cyber bullying in place.
According to USLegal (2016),
Cyber
harassment refers to online harassment. Cyber harassment
or bullying is the use of email, instant messaging, and derogatory websites to
bully or otherwise harass an individual or group through personal
attacks.
Cyber Law
is a rapidly evolving area of civil and criminal law as applicable to the use
of computers, and activities performed and transactions conducted over Internet
and other networks. This area of law also deals with the exchange of
communications and information thereon, including related issues concerning
such communications and information as the protection of intellectual property
rights, freedom of speech, and public access to information. In the U.S. Cyber
Law includes rules and regulations established by Congress, legislatures,
courts, and international conventions to govern, prevent and resolve disputes
that arise from the use of computers and the Internet.
School
officials need to keep in mind their duty of care for all students. This
includes the bully and the victim. Many state laws that prohibit bullying
and/or mandate discipline of students who engage in bullying also require
schools to provide educational and preventative programs on bullying to
students, school staff members (not just classroom teachers), and parents.
Implementing these programs for each of these school community groups provides
an opportunity to create a safe environment for students. State laws require
safe use of the Internet curriculum to be taught at all or most grades
beginning at the elementary level. Prevention programs that address the well
being of students as well as the bully can be provided through collaboration
with community resources or through outside grants. Implementing such programs shows
the students that all levels of the school organization care for their safety
and well being (“The Basics of Cyber bullying,” 2012).
Cyber bullying has proven to be a major issue, with some
young people committing suicide because of online attacks. Capital Public
Radio, California’s NPR affiliate, says that traditional laws and
school-specific anti-bullying policy are based on physical and verbal abuse,
where both victim and tormentor are present (Prall, 2014).
Without
support or intervention, students who bully will continue to bully. It is
important to note that adults overlook bullying when they:
•
condone mistreatment of younger students.
•
allow derogatory names or labels for groups of
students.
•
overlook casual cruelty, sexual harassment, hate or bias-based
behavior, or “hazing” activities in student clubs or sports programs (“Bullying
Frequently Asked Questions”, 2016).
Specific CA State Laws Against Bullying
- California, Cal. Educ. Code § 234, 234.1, 234.2, 234.3, 234.5, 32261, 32265, 32270, 32282, 32283, and 48900
- California’s “Safe Place to Learn Act” and other statutes establish numerous rights for students, including the “inalienable right to attend classes on school campuses that are safe, secure, and peaceful.”
Conclusion
Integrating technology into
educational practices must include instructional guidelines for best practices
while using technology. It would appear that while teachers and administrators
may mean well while sharing information, in person as well as online, we must
above all keep the laws that protect the rights and well-being of our students
first and foremost in mind. We may
conclude that technology and shared information contain critical documentation;
therefore it is imperative that we use judgment to ascertain what should be
shared, how, and when to share it. The means upon which we choose to share
these elements must always be in the very best interest of those whom we serve
and in accordance with the letter of the law. Privacy rights and cyber
bullying are the kinds of things, as people know, that cross from the school
into the home, into the community. Protecting students’ personal information
and character necessitates a coordinated response by all parties involved,
students and staff alike. The school culture must be based on integrity,
honesty, and trust. When these elements are clearly defined and modeled by all
everyone wins.
References
Prall, D. (2014). New
California law protects students from cyber bullying. Retrieved from
http://americancityandcounty.com/new-laws/new-california-law-protects-students-cyberbullying
Sedique,
. (2014). Digital Classrooms. Retrieved from http://www.edutopia.org/discussion/digital-classrooms
Specific State Laws
Against Bullying. (2016). Retrieved from
http://education.findlaw.com/student-conduct-and-discipline/specific-state-laws-against-bullying.html
The Basics of
Cyberbullying. (2012, April). ERIC, 69(4), 33-37. Retrieved from http://eric.ed.gov/?id=EJ982358
Ubben,
G. C., Hughes, L. W., & Norris, C. J. (2016). The Principal: Creative
Leadership for Excellence in Schools. Boston: Pearson.
University of
Phoenix. (2014). Understanding and Managing the Complex Interaction of All of
the School’s Systems to Promote Teaching and Learning, cont.. Retrieved from
University of Phoenix, ADMN510 website.
U.S. Department of
Education, Family Policy Compliance Office. (2016). FERPA Frequently
Asked Questions - FERPA for School Officials. Retrieved from http://familypolicy.ed.gov/faq-page
USLegal. (2016). Definitions. Retrieved
from http://definitions.uslegal.com/c/cyber-harassment/
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