Reflections on the Law

ReflectionontheLaw

ChristianAlbertoLedesma

UniversityofMinnesota

OLPD 5344 School Law

November 4, 2016
Reflections on the Law

AsaresultoftakingSchoolLawwithProfessorForbes,howhaveyougrown
intellectuallyandpersonallyasaneducationalleader?
SchoolLawtappedintoalongforgottenandunusedpartofmybrain.WhenIwasin
collegeIwasPreLawandeventooktheLSATsbeforeturningtoeducation.Ihadtakena
coupleofgraduatelevellawclassesatNYUthatchallengedmetobeacriticalreaderandquick
onmyfeet.Ithenspentsevenyearsinteaching,usingsimilarskills,beforeusingthoselegal
skillsagainasanArbitrationAdvocatefortheUFTinNewYorkCity.
Readingthelawrequiresalotofcriticalthinkingandquestioningworkandthecritical
readingandquickprocessingrequiredareskillsthatwillservemeinaleadershiprole.School
Lawwasawonderful,engagingchallengewhereIlearnedalotofthewhybehindour
currentstateofthepublicschools.Thechallengesalsohelpedmegrowpersonallyinthatit
remindedmeoftheperseveranceIknowIcantapintowhenthingsfeeloverwhelming.

Howhasthiscourseincreasedyourawarenessandunderstandingofthevariouslegal,
educational,policy,andpracticeissuesthatwecoveredinclass?
IcantevenbegintoexplainhowmuchIappreciatetheincreasedawarenessthiscourse
hasprovided.Comingintothisclass,Iknewthattherewassomesortoflawsuithappeningthat
waschallengingsegregationinourpublicschools.In my everyday conversations I was not
making the connections to precedent cases like Plessy v Ferguson, 163 US 537 (1896), and
Brown v Board of Ed, 347 U.S. 483 (1954). It was through this class that I even learned about
cases like Booker v Special School District No. 1, Minneapolis, Minnesota, 351 F. Supp. 799
(D. Minn. 1972).
The class discussion and reflection on the last day was particularly important to me
because it highlighted how we must consider legal precedent and current practice when we try
to determine solutions for the problems we face. The deep thinking we did made me reconsider
the way we view what is currently happening in the area of community partnerships and I dont
think I would have gotten to that point without tackling the legal issues before us. In general, I
became more acutely aware of how a lot of the daily interactions we have with staff and
students are directly influenced or a result of law.
Reflections on the Law

Speaking of that influence, how does what you have learned in this class relate to your
daily practice as an educator, to your current or future actions as a school administrator?
It relates to my daily practice as a principal intern directly. One of my first tasks in my
role this year was to call the Office of the General Counsel to get their advice on how to handle
a protest by girls at our school. I learned in those early conversations with the legal counsel for
the district how to best respond to student speech via social media as well as how to
communicate school and district dress policy. In this class I was able to dig more deeply into
matters of student and staff free speech and use of social media that became immediately
practical.
One of the lessons I learned from my experience and was repeated through this class
and via Superintendent Ed Graff was to not be afraid of reaching out to the General Counsel.
Early in our internship a principal mentioned that he was heading to visit the General Counsels
office and the reaction from the principal interns was what you would expect when a child was
in trouble and heading to the principals office. This particular principal turned to us and
immediately replied, No. Dont think of it that way. The General Counsel is going to become
your friend. Keep them close. Theyre there to help. At the time we didnt understand the
magnitude of what he meant. After taking this course, it is clear that an administrator should
have a strong understanding of school law and, when necessary, they have the districts legal
counsel to help.

How does what you have learned in this class influence your own personal leadership
or legal philosophy?
As mentioned earlier, what I have learned in this class influences me in a very practical
way. For one thing, it taught me that resources are available to me to ensure that everyones
rights are being met and that that, in particular, due process is being followed. Going back to
my time as an arbitration advocate, the majority of the cases the Union contested and won
were those where there was no clear due process afforded to the teacher or paraprofessional.
The 5th and 14th Amendments of the United States Constitution clearly state that no
one shall be denied their due process rights. A clear learning in this class was that there are
two types of due process: procedural and substantive. Procedural due process means that a
person may not be deprived of life, liberty, or property without due process. In other words, we
Reflections on the Law

must inform the teacher that their rights will be deprived and they must have an opportunity to
have a fair hearing. Substantive due process means that we must have a valid objective, or
goal, when depriving a teacher of life, liberty, or property. In order for due process rights to be
afforded, both procedural and substantive due process must be met.
These conditions create a clear definition for what must happen in any given situation.
As a school leader I like to think that I have a clear, true moral and ethical compass that guides
my instruction, interactions, and decisions. The truth is, though, that in an effort to best serve
our students and do what is best for them, it can be easy to overlook the constitutional rights of
the staff. The lessons learned in School Law give me a good background to ensure that staff
and student constitutional rights are not taken away due to, sometimes, subjective public and
personal interests.