NSBA Council of School Attorneys

Annual Law Conference

Boston, Massachusetts

April 21, 2012; 1:00 PM - 3:00 PM

This session will take a comprehensive look at the implications of testing irregularities that have been uncovered in school districts across the country.  What will the Department of Education's response to the crisis be?  Is NCLB, with its emphasis on punishment for failing schools, causing an ethical dilemma for educators?  What safety protocols for test security are in order?  How will teacher, principal and superintendent performance be measured against student performance?  Finally, what is the role of the school attorneys in prevention and training to avoid school district liability?

As part of this session, Benjamin J. Ferrara, Esq., a past chairman of COSA, will discuss:

Cheating/Improper Assistance on Tests: 
The New York State Experience

Overview:  Individual Discipline Cases
     I.  Breach of Test Security
         Background:  Discipline for Breach of Test Security
         1.  Actions/Words which Constitute Conduct Unbecoming of a Teacher
         2.  Intent for an Improper Purpose
    II.  Just Cause for Discharge in Relation to Cheating Allegations
         1.  Credibility of Witnesses
         2.  Prior Behaviors of Teacher-Remediation
         3.  Defenses
         4.  Penalties
         5.  Tip of Iceberg - Unreported Cases
 

For more information on this conference click here.