NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

VOLUME 25, NUMBER 1, 2007--2008

STANDARDS 5 & 6
SCHOOL LAW PROJECT

Lloyd Kilmer
Western Illinois University

Robert Marshall
Western Illinois University
Standard 5.0: A school administrator is an educational leader who promotes the success
of all students by acting with integrity, fairness, and in an ethical manner.

Standard 6.0: Candidates who complete the program are educational leaders who have
the knowledge and ability to promote the success of all students by understanding,
responding to, and influencing the larger political, social, economic, legal, and cultural
context.

O ne of the first lessons for law students is that what may be

legal isn’t always moral and what may be moral isn’t always
legal. Despite the imprecise nature of codifying ethical
behavior into law, the longstanding relationship between the two
remains strong. As a result, the similarities and differences between
ethics and legal requirements are a constant theme throughout school
law classes. As a result of this symbiosis, the typical school law
course is pedagogically well-positioned to serve as a vehicle for
teaching the elements of National Policy Board’s Standards Five and
Six and assessing students’ learning for NCATE accreditation
purposes. The following instruments are offered as beginning
resources for others to create teaching and assessment tools for
NCATE purposes.

71
72 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

Directions to Candidates

The following elements of standards five and six will be assessed in

this project.

5.1 Acts with Integrity

Candidates demonstrate a respect for the rights of others with regard to
confidentiality and dignity and engage in honest interactions.
5.2 Acts Fairly
Candidates demonstrate the ability to combine impartiality, sensitivity
to student diversity, and ethical considerations in their interactions
with others.
5.3 Acts Ethically
Candidates make and explain decisions based upon ethical and legal
principles.

6.1 Understand the Larger Context

a. Act as informed consumers of educational theory and
concepts and apply appropriate research methods to a school
context
b. Explain how legal and political systems and institutional
framework of schools shape a school and community
c. Analyze the complex causes of poverty and their effects on
families, communities, children, and learning
d. Understand school policies, laws, and regulations enacted by
local, state, and federal authorities
e. Describe the economic factors shaping a local community
and economic factors affecting schools
f. Analyze and describe the cultural diversity in a school
community
g. Describe community norms and values and how they relate
to the role of the school in promoting social justice
h. Explain various theories of change and conflict resolution
6.2 Respond to the Larger Context
 Lloyd Kilmer & Robert Marshall 73

a. Communicate with members of a school community

concerning trends, issues, and potential changes in the school
environment and maintain ongoing dialogues with diverse
community groups

6.3 Influence the Larger Context

a. Engage students, parents, and the community in advocating
the adoption of improved policies and laws
b. Apply understanding of larger context to develop activities
and policies that benefit students and their families
c. Advocate for policies and programs that promote equitable
learning opportunities and success for all students
Assignments for Assessing Content Knowledge
5.0 and 6.0 Joint Content Assignment #1:

Students are required to review and analyze the Student-Teacher-

Parent Handbook used at their school. There are two separate
components of this assignment related to Standards five and six as
follows:
Handbook Assignment #1a—5.0: Students will respond in writing to
questions that will require them to reflect on sections of the handbook
that address or promote the elements of standard five.
1. What provisions of the handbook address the rights of others
with regard to confidentiality?
2. Why is confidentiality an important aspect of school
leadership?
3. What provisions of the handbook address issues related to
academic integrity?
4. How do school leaders promote academic integrity?
5. What provisions of the handbook address communications
with various school constituencies?
6. What means are utilized in this school to promote effective
communication with the school community?
7. What provisions relate to promoting and respecting the dignity
of all students?
74 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

8. What provisions relate to due process with respect to student

discipline?
9. What non-legal reasons exist that should motivate school
leaders to follow due process concerns?
10. What provisions address student diversity concerns?
11. Why are addressing student diversity concerns important to a
successful school environment?
12. What provisions of the handbook address mandatory
communications with members of the school community?
13. How are the handbook provisions made known to community?

Rubric for Handbook Content Assignment #1a

Student-Teacher-Parent Handbook Assignment Assessment
Element Does Not Meet Meets
5.1 Candidates The handbook analysis
The handbook analysis
demonstrate a respect appropriately identifies
does not appropriately
for the rights of others issues related to student
identify issues related to
with regard to records acts, bullying
student records acts,
confidentiality and prevention and parental
bullying prevention and
dignity and engage in communications.
parental communications.
honest interactions.
5.2 Candidates
The handbook analysis
demonstrate the The handbook analysis
does not appropriately
ability to combine appropriately addresses due
address provisions related
impartiality, process provisions and issues
to due process concerns
sensitivity to student related to promoting a
and the promotion of a
diversity, and ethical learning environment that
learning environment that
considerations in their addresses diversity issues.
addresses diversity issues.
interactions w/others.
The handbook analysis
The handbook analysis
5.3 Candidates make does not appropriately
appropriately addresses the
and explain decisions address the means by
means by which handbook
based upon ethical which handbook
information is disseminated
and legal principles. information is disseminated
to the respective school
to the respective school
constituencies.
constituencies.
 Lloyd Kilmer & Robert Marshall 75

Handbook Assignment #1b—6.0: Students will be provided with a

list of required and recommended provisions that they will compare to
their school’s handbook. Students will then write a reflection paper in
which they report the extent to which their handbook does or does not
address these legal requirements. Students will make
recommendations for improving their handbooks consistent with the
provided guidelines.

Rubric for Handbook Content Assignment #1b

Student-Teacher-Parent Handbook Assignment

Element Indicators Does Not Meet MEET

a. Act as informed
consumers of
The student does
educational theory and The student utilizes
not utilize
concepts and apply appropriate research
appropriate
appropriate research methods.
research methods.
methods to a school
context
b. Explain how legal The handbook
The handbook
and political systems analysis does not
analysis incorporates
and institutional incorporate
knowledge of legal
framework of schools knowledge of legal
and political
6.1 shape a school and and political
systems.
Understand community systems.
the Larger The handbook
Context c. Analyze the The handbook
analysis does not
complex causes of analysis identifies
identify provisions
poverty and their provisions pertaining
pertaining to free
effects on families, to free and reduced
and reduced lunch
communities, children, lunch programs and
programs and fee
and learning fee waivers.
waivers.

d. Understand school The handbook

The handbook
policies, laws, and analysis does not
analysis incorporates
regulations enacted by incorporate
appropriate
local, state, and federal appropriate
authorities.
authorities authorities.
76 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

CONT. Rubric for Handbook Content Assignment #1b

Student-Teacher-Parent Handbook Assignment

Element Indicators Does Not Meet MEET

e. Describe the
The handbook
economic factors The handbook
analysis does not
shaping a local analysis identifies
identify provisions
community and provisions describing
that describe the
economic factors the local community.
local community.
affecting schools

The handbook
f. Analyze and The handbook
analysis does not
describe the cultural analysis identifies
identify provisions
diversity in a school provisions describing
that describe the
community the local community.
local community.

6.1
Understand g. Describe
the Larger The handbook
community norms and The handbook
Context analysis does not
values and how they analysis identifies
identify provisions
relate to the role of the provisions describing
that describe the
school in promoting the local community.
local community.
social justice

The handbook
The handbook
analysis does not
analysis identifies
h. Explain various identify provisions
provisions related to
theories of change and related to school
school governance,
conflict resolution governance, due
due process and
process and
conflict resolution.
conflict resolution.
 Lloyd Kilmer & Robert Marshall 77

CONT. Rubric for Handbook Content Assignment #1b

Student-Teacher-Parent Handbook Assignment

Element Indicators Does Not Meet MEET

a. Communicate with
members of a school
community concerning The handbook
The handbook
6.2 trends, issues, and analysis does not
analysis identifies
Respond to potential changes in identify provisions
provisions related to
the Larger the school related to school-
school-community
Context environment and community
communications.
maintain ongoing communications.
dialogues with diverse
community groups
a. Engage students,
The analysis does
parents, and the The analysis
not identify the
community in identifies the annual
annual process for
advocating the process for updating
updating the
adoption of improved the handbook.
handbook.
policies and laws
b. Apply
6.3 understanding of larger The handbook The handbook
Influence the context to develop analysis does not analysis identifies
Larger activities and policies identify provisions provisions required
Context that benefit students required by statue. by statute.
and their families
c. Advocate for
The handbook The handbook
policies and programs
analysis does not analysis identifies
that promote equitable
address provisions provisions that
learning opportunities
that do not address address special
and success for all
special needs. needs.
students
78 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

5.0 and 6.0 Joint Content On-line Assignment #2

Students will be expected to study and complete an on-line “mini-unit”

instructional sequence that addresses ethical behaviors and legal
requirements related to educational leadership as defined by standards
five and six. The unit will require students to reflect upon legal
principles and the underlying ethical considerations. The mini-unit
will include, but not be limited to, information regarding the following
topics:
1. NASSP/NAESP Codes of Ethics
2. FERPA
3. Illinois Student Records Act
4. Illinois Personnel Records Act
5. Record keeping under IDEA
6. Academic Integrity Guidelines
7. Open Meetings Act
8. Freedom of Information Act 5 U.S.C. § 552
9. Office of Civil Rights protections and procedures
10. 42 U.S.C. Section 1983
11. Student Discipline Due Process

NAESP Statement of Ethics for School Administrators

NAESP Policy Statement 1100.3

An educational administrator's professional behavior must conform to

an ethical code. The code must be idealistic and at the same time
practical, so that it can apply reasonably to all educational
administrators. The administrator acknowledges that the schools
belong to the public they serve for the purpose of providing
educational opportunities to all. However, the administrator assumes
responsibility for providing professional leadership in the school and
community. This responsibility requires the administrator to maintain
standards of exemplary professional conduct. It must be recognized
that the administrator's actions will be viewed and appraised by the
community, professional associates, and students. To these ends, the
administrator subscribes to the following statements of standards.
 Lloyd Kilmer & Robert Marshall 79

1. Makes the well-being of students the fundamental value in all

decision making and actions.
2. Fulfills professional responsibilities with honesty and integrity.
3. Supports the principle of due process and protects the civil and
human rights of all individuals.
4. Obeys local, state, and national laws.
5. Implements the governing board of education's policies and
administrative rules and regulations.
6. Pursues appropriate measures to correct those laws, policies,
and regulations that are not consistent with sound educational
goals.
7. Avoids using positions for personal gain through political,
social, religious, economic, or other influence.
8. Accepts academic degrees or professional certification only
from duly accredited institutions.
9. Maintains the standards and seeks to improve the effectiveness
of the profession through research and continuing professional
development.
10. Honors all contracts until fulfillment or release.
Adopted by the NAESP Board of Directors, September 29,
1976

NASSP Statement of Ethics for School Administrators

A school administrator's professional behavior must conform to an

ethical code. The code must be idealistic and at the same time
practical, so that it can apply reasonably to all educational
administrators. The school administrator acknowledges that the
schools belong to the public they serve for the purpose of providing
educational opportunities to all. However, the school administrator
assumes responsibility for providing professional leadership in the
school and community. This responsibility requires the school
administrator to maintain standards of exemplary professional
conduct. It must be recognized that the school administrator's actions
will be viewed and appraised by the community, professional
80 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

associates, and students. To these ends, the school administrator

subscribes to the following statements of standards.

The school administrator:

1. Makes the well-being of students the fundamental value in all

decision making and actions.
2. Fulfills professional responsibilities with honesty and integrity.
3. Supports the principle of due process and protects the civil and
human rights of all individuals.
4. Obeys local, state, and national laws.
5. Implements the governing board of education's policies and
administrative rules and regulations.
6. Pursues appropriate measures to correct those laws, policies,
and regulations that are not consistent with sound educational
goals.
7. Avoids using positions for personal gain through political,
social, religious, economic, or other influence.
8. Accepts academic degrees or professional certification only
from duly accredited institutions.
9. Maintains the standards and seeks to improve the effectiveness
of the profession through research and continuing professional
development.
10. Honors all contracts until fulfillment, release, or dissolution
mutually agreed upon by all parties to contract.

Approved by the NASSP Board of Directors

November 1973 Revised July 2001
 Lloyd Kilmer & Robert Marshall 81

Rubric for On-line Joint Ethics Content Assignment #2

Standards 5.0 and 6.0
Does Not Meet MEET
The student did not complete the The student completed the assigned
assigned on-line ethics assignment. on-line ethics assignment.

The student did not complete the The student completed the assigned
assigned on-line ethics assignment. on-line ethics assignment.

The student did not complete the The student completed the assigned
assigned on-line ethics assignment. on-line ethics assignment.

On-line Simulations
5.0 and 6.0 Joint Application Assignment #1

Utilizing the lessons learned in content assignments 1 and 2, students

will analyze on-line video and narrative simulations related to ethical
and legal decision making in educational leadership as defined by
standard five and six. Students will be presented with various “real-
life” scenarios in a video and/or narrative format which will require
them to apply the lessons they have learned in content assignments 1
and 2. Students will be given a study rubric identifying what issues
they should consider for each scenario.

Assessments:

Does Not Meet: Students do not create answers that

appropriately address each scenario.
Meet: Students create answers that appropriately address each
scenario.

Ethics/Legal In-service Program

82 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

5.0 and 6.0 Joint Application Assignment #2

Utilizing the lessons learned in content assignments 1 and 2; students

will create an outline for a beginning of a year two-hour ethics/legal
in-service program for a school faculty. Students may choose to
create a program for their own school or they may choose to create
one for a hypothetical school consistent with a description provided by
the professor. Students will be expected to combine ethical as well as
legal concerns in a manner that will appropriately address the issues
presented.

SE = ELCC Standard Element

SEI = ELCC Standard Element Indicator

Rubric for Ethics In-service Program Assignment

SE SEI Does Not Meet MEET
a. Candidates The faculty in-service
The faculty in-service
demonstrate a respect program appropriately
program appropriately
for the rights of others identifies issues related
identifies issues related to
5.1a with regard to to the student records
confidentiality and student records acts,
acts, academic integrity
dignity and engage in academic integrity and
and parental
honest interactions. parental communications.
communications.
a. Candidates The in-service program
demonstrate the The in-service program
appropriately addresses
ability to combine does not appropriately
due process provisions
impartiality, address provisions related
and issues related to
5.2a sensitivity to student to due process concerns
diversity, and ethical promoting a learning
and the promotion of a
considerations in their environment that
learning environment that
interactions with addresses diversity
addresses diversity issues.
others. issues.
The faculty in-service
The faculty in-service
Candidates make and program does not
program appropriately
explain decisions appropriately addresses
5.3a based upon ethical addresses the ethical
the ethical and legal
and legal principles. and legal principles for
principles for school
school policies.
policies.
Rubric for Legal Faculty In-service Program Assignment Assessment
 Lloyd Kilmer & Robert Marshall 83

SE SEI Does Not Meet MEET

a. Act as informed The legal faculty
consumers of The legal in-
in-service program
educational theory service program
does not
and concepts and demonstrates
apply appropriate demonstrate
appropriate
research methods to a appropriate
research.
school context research.
The legal in-service
b. Explain how legal The legal in-
program does not
and political systems service program
explain the
and institutional explains how the
framework of schools
applicability of the
legal system
shape a school and legal system to
applies to schools
community schools and
and teachers.
teachers.
The program does The program
c. Analyze the not include includes
complex causes of information on information on
poverty and their dealing with dealing with
6.1 effects on families, families on free families on free
communities, and reduced lunch and reduced
Understand
children, and learning and needing fee lunch and who
the Larger
Context waivers. need fee waivers.
The legal faculty The legal faculty
d. Understand school in-service program in-service
policies, laws, and
does not program
regulations enacted by
local, state, and incorporate incorporates
federal authorities appropriate appropriate
authorities. authorities.

e. Describe the The legal faculty The legal faculty

economic factors in-service program in-service
shaping a local does not address program
community and issues related to addresses issues
economic factors student activity related to student
affecting schools accounts. activity accounts.
The legal faculty
f. Analyze and The legal faculty
in-service
describe the cultural in-service program
diversity in a school
program
does not address
community addresses special
special populations.
populations.
CONT. Rubric for Legal Faculty In-service Program Assignment
84 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

Assessment
SE SEI Does Not Meet MEET
g. Describe
community norms The legal faculty in- The legal faculty in-
and values and how service program service program
they relate to the role does not incorporate incorporates specific
of the school in specific local issues local issues related to
6.1 promoting social related to the issue. the issue.
Understand justice
the Larger The legal faculty in-
Context The legal faculty in-
h. Explain various service program
service program
theories of change does not effectively
and conflict
effectively addresses
address school
resolution school procedures for
procedures for
conflict resolution.
conflict resolution.
a. Communicate with
members of a school
community
concerning trends, The legal faculty in- The legal faculty in-
6.2
issues, and potential service program service program
Respond to
changes in the school does not effectively effectively
the Larger environment and communicate new communicates new
Context maintain ongoing legal developments. legal developments.
dialogues with
diverse community
groups
a. Engage students,
parents, and the The legal faculty in- The legal faculty in-
community in service program service program
advocating the does not effectively addresses pending
adoption of address legislation legislation requiring
6.3 improved policies requiring advocacy. advocacy.
Influence and laws
the Larger
Context b. Apply The legal faculty in-
The legal faculty in-
understanding of service program
service program
larger context to doesn’t effectively
addresses current
develop activities address current
and policies that policies and laws
policies and laws
benefit students and impacting the school
impacting the school
their families community.
community.

CONT. Rubric for Legal Faculty In-service Program Assignment Assessment

 Lloyd Kilmer & Robert Marshall 85

SE SEI Does Not Meet MEET

c. Advocate for The legal faculty The legal faculty in-
policies and programs in-service program service program
that promote equitable
learning opportunities
does not effectively addresses pending
and success for all address legislation legislation requiring
students requiring advocacy. advocacy.

Advocacy Letter
6.0 Application Assignment #3

Utilizing the lessons learned in content assignments 1 and 2, students

will write and send one advocacy letter to a state official and one
advocacy letter to a federal official with regard to a current educational
policy issue.

Advocacy Rubric--Application Assignment #3--Standard Six

SE SEI Does Not Meet MEET
a. Act as informed
consumers of The letter does not
educational theory and incorporate The letter incorporates
concepts and apply appropriate appropriate educational
appropriate research educational theory theory and research.
6.1 methods to a school and research.
Understand context
the Larger
Context b. Explain how legal The letter does not
and political systems demonstrate The letter demonstrates
and institutional
framework of schools
knowledge of legal knowledge of legal and
shape a school and and political political systems.
community systems.

CONT. Advocacy Rubric--Application Assignment #3--Standard Six

SE SEI Does Not Meet MEET
86 NATIONAL FORUM OF EDUCATIONAL ADMINISTRATION AND SUPERVISION JOURNAL

c. Analyze the complex The letter does not When appropriate,

causes of poverty and
incorporate the letter
their effects on
families, communities, appropriate poverty incorporates poverty
children, and learning research research.

d. Understand school The letter does not The letter

policies, laws, and
incorporate incorporates
regulations enacted by
local, state, and federal appropriate appropriate
authorities authorities. authorities.

e. Describe the
When appropriate,
economic factors The letter does not
the letter
shaping a local incorporate
incorporates
community and appropriate
appropriate
economic factors economic factors.
economic factors.
affecting schools
f. Analyze and
The letter does not The letter addresses
describe the cultural
address local local population
diversity in a school
population needs. needs.
community

g. Describe
community norms
The letter does not The letter
and values and how
6.1 incorporate specific incorporates specific
Understand they relate to the
local issues related local issues related to
the Larger role of the school in
to the issue. the issue.
Context promoting social
justice
The letter does not The letter effectively
h. Explain various effectively advocate advocates for a
theories of change for a change in change in policy or
and conflict policy or supports a supports a
resolution continuance of an continuance of an
existing policy. existing policy.

CONT. Advocacy Rubric--Application Assignment #3--Standard Six

SE SEI Does Not Meet MEET
 Lloyd Kilmer & Robert Marshall 87

a. Communicate with
members of a school
community
6.2 concerning trends,
The letter does not
Respond issues, and potential The letter effectively
effectively
to the changes in the school communicates the
communicate the
Larger environment and intended message.
intended message.
Context maintain ongoing
dialogues with
diverse community
groups

a. Engage students,
6.3 The letter does not
parents, and the The letter effectively
Influence effectively
community in incorporates the
the Larger incorporate the
advocating the school communities’
Context school communities’
adoption of improved interests.
interest.
policies and laws
b. Apply
The letter does not
understanding of
incorporate The letter The letter effectively
larger context to
effectively incorporates an
develop activities and
incorporates an understanding of the
policies that benefit
understanding of the larger context.
6.3 students and their
larger context.
Influence families
the Larger c. Advocate for
Context policies and
The letter does not
programs that The letter advocates
advocate for policies
promote equitable for policies that
that promotes
learning promotes educational
educational
opportunities and improvement.
improvement.
success for all
students