Subtest 1 - Foundational Policies and Practices of School Leadership · 21 min read
Laws, Regulations and a Safe Learning Environment
The subtest is built on four competencies with different weights. Competency 1, laws, regulations and a safe learning environment, is about 25% of the score. Competency 2, resources and fiscal management, is about 25%. Competency 3, organizational management, safety and school climate, is the largest at about 30%. Competency 4, data-driven decision-making and leading change, is about 20%. The four chapters in this section follow that order. As you study, focus less on memorizing statute numbers and more on the decision rule a leader uses: protect students, follow the law and district policy, gather and verify facts, involve the right people, and then act.
Subtest 1 Competencies and Weights
| Competency | Focus | Approximate Weight |
|---|---|---|
| 1 | Laws, regulations and a safe learning environment | 25% |
| 2 | Resources and fiscal management | 25% |
| 3 | Organizational management, safety and climate | 30% |
| 4 | Data-driven decision-making and change | 20% |
This chapter covers Subtest 1, Competency 1: knowledge of the laws, regulations and best practices that keep students safe and protect the rights of students, parents and staff. You will review the federal and state requirements for students with disabilities and English language learners, privacy and civil rights laws, constitutional rights at school, mandatory abuse reporting, the Florida code of professional conduct, internet safety and crisis response. Because this competency drives many scenario questions, the chapter opens with a decision framework you can apply across the whole subtest.
A What-to-Do-First Framework for Scenario Questions
Most Subtest 1 scenarios offer four reasonable-sounding actions. Usually only one of them comes first in a sound sequence. Run each option through the following priority ladder, from top to bottom. The first rung that applies to the situation usually points to the best answer.
Students with Disabilities: IDEA
The Individuals with Disabilities Education Act (IDEA) is the federal special education law. It guarantees eligible students with disabilities a free appropriate public education (FAPE) in the least restrictive environment (LRE). A school leader's job is to make sure the school identifies students who may need services, follows the procedures exactly, and delivers every service written into each Individualized Education Program (IEP).
Core IDEA Terms
| Term | What It Means for the School Leader |
|---|---|
| FAPE | Special education and related services at no cost to parents, meeting state standards, delivered per the IEP |
| LRE | Students with disabilities are educated with nondisabled peers to the maximum extent appropriate; removal only when needed even with supports |
| IEP | Written plan developed by a team including parents; it is a binding commitment of services |
| Child find | The duty to locate, identify and evaluate all children who may have disabilities, including those in private schools or who are homeless |
| Procedural safeguards | Parent rights to notice, consent, participation, records access and dispute resolution |
| Related services | Supports such as speech, occupational therapy, counseling or transportation needed to benefit from instruction |
FAPE means the program is appropriate to the student's individual needs, not the best possible program money can buy. LRE means the IEP team starts by asking what supports and aids would let the student succeed in general education, and only moves toward more restrictive settings, such as resource rooms or separate classes, when the student cannot make progress there even with supplementary aids and services. Before an IEP team adds pull-out time, such as two daily resource-room periods, it must confirm that the student's needs cannot be met in the general education setting with appropriate supports.
IEP implementation is mandatory. If a required service cannot be delivered the usual way, the school must find another way to provide it. When a one-on-one paraprofessional written into a student's IEP is absent, the administrator assigns a qualified substitute or reassigns another trained staff member that day. Sending the student home, keeping the student out of class, or simply skipping the service would deny FAPE.
Leadership Scenario: A student with autism has an IEP requiring a one-on-one paraprofessional. The paraprofessional calls in sick, and no substitute is available. A teacher suggests asking the parent to keep the child home. Best Response: The assistant principal assigns another trained staff member to provide the support for the day and documents the coverage. Asking the parent to keep the student home shifts the school's legal obligation to the family and denies FAPE, and placing the student in an office for the day changes the placement without a team decision.
Child find applies before a student is ever labeled. If a teacher reports that a student is struggling despite interventions, or a parent requests an evaluation, the school must respond through the district's evaluation process. A leader cannot refuse to consider an evaluation simply because the student has not finished every tier of intervention when there is reason to suspect a disability; the multi-tiered process supports the decision but cannot be used to delay or deny an evaluation.
Discipline of Students with Disabilities
Students with disabilities can be disciplined, but IDEA adds protections when discipline would change their placement. A disciplinary change of placement generally occurs when a student is removed for more than 10 consecutive school days, or when a series of shorter removals totals more than 10 school days in a year and forms a pattern.
IDEA Discipline Decision Points
| Situation | Required Action |
|---|---|
| Removal of 10 school days or fewer | Same discipline as nondisabled peers is generally permitted |
| Removal that would change placement | Hold a manifestation determination review within the required timeline, with parents and relevant IEP members |
| Behavior IS a manifestation | Return the student to placement (unless parent and school agree otherwise), conduct a functional behavioral assessment, and implement or revise a behavior intervention plan |
| Behavior is NOT a manifestation | Regular disciplinary consequences may apply, but services continue so the student can progress |
| Weapons, illegal drugs or serious bodily injury | The school may place the student in an interim alternative educational setting for up to 45 school days regardless of manifestation |
Section 504 and the ADA
Section 504 of the Rehabilitation Act is a civil rights law that prohibits disability discrimination in programs receiving federal funds. The Americans with Disabilities Act sets similar requirements. A student qualifies for a Section 504 plan when he or she has a physical or mental impairment that substantially limits a major life activity, such as learning, reading, breathing, eating or concentrating, but may not need specially designed instruction.
IDEA Compared with Section 504
| Feature | IDEA | Section 504 |
|---|---|---|
| Type of law | Education funding law | Civil rights law |
| Who qualifies | Students in specific disability categories who need specially designed instruction | Any student with an impairment that substantially limits a major life activity |
| Plan | IEP | Section 504 accommodation plan |
| Typical supports | Specially designed instruction, related services, accommodations | Accommodations and modifications, such as extended time, seating, health plans |
| Discipline protections | Manifestation determination | Also requires a manifestation-type review before a significant change in placement |
Students with diabetes, severe allergies, ADHD without a need for specialized instruction, or a temporary condition that substantially limits a major life activity are common Section 504 examples. A 504 plan is just as binding as an IEP: teachers must provide the listed accommodations, including on classroom tests.
English Language Learners and the Consent Decree
Florida's obligations to English language learners (ELLs) come from federal civil rights law and from the Consent Decree (LULAC et al. v. State Board of Education). The Consent Decree is the framework every Florida district follows to ensure ELLs receive equal access to education.
Consent Decree Requirements
| Area | What Must Happen |
|---|---|
| Identification and assessment | Students are identified through the home language survey and assessed for English proficiency |
| Equal access to instruction | ELLs receive comprehensible instruction in English and in the content areas, appropriate to their proficiency |
| Equal access to programs | ELLs have equal access to all categorical programs, such as ESE, gifted, Title I and career programs |
| Personnel | Teachers of ELLs hold the required ESOL training, endorsement or certification |
| Monitoring | Progress is monitored, including after a student exits the program |
| Parent involvement | Parents are informed in a language they understand, when feasible, and included in decisions |
| ELL committee | A committee makes decisions on placement, exit, extension and special circumstances |
The most tested idea is equal access. A school may not delay a gifted or ESE evaluation until a student "learns English first," and it may not exclude ELLs from advanced courses or Title I services because of language. The school must also communicate with parents in a language they understand where feasible, such as through translated notices or an interpreter at meetings.
Exam Tip: If an option says an ELL should wait for English proficiency before receiving another service, eliminate it. The Consent Decree requires equal access to categorical programs and comprehensible instruction from the start.
Student Records: FERPA
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of education records. Parents have the right to inspect and review their child's records, to request amendment of records they believe are inaccurate, and to consent before personally identifiable information is disclosed, with limited exceptions. When a student turns 18 or attends a postsecondary institution, these rights transfer to the student.
FERPA Essentials
| Topic | Rule |
|---|---|
| Parent access | Schools must allow parents to review records within a reasonable time, and no later than 45 days after a request |
| Noncustodial parents | Have the same access rights unless a court order or legal document specifically removes them |
| Consent | Written consent is generally needed before disclosing personally identifiable information |
| School officials | Staff with a legitimate educational interest may access records without consent |
| Directory information | Items such as name and grade level may be released if the district gave notice and the parent did not opt out |
| Health or safety emergency | Information may be disclosed to appropriate parties to protect health or safety |
Common Trap: A divorced father who is not the custodial parent asks to see his son's grades. Many candidates choose "Refer him to the custodial parent." Under FERPA, he has access unless the school has a court order or legal document restricting it. The correct step is to verify whether any such order is on file, then provide access.
Title IX, Bullying and Harassment
Title IX prohibits sex discrimination, including sexual harassment, in education programs that receive federal funds. Each district designates a Title IX coordinator. When an administrator learns of possible sex-based harassment, the school must respond promptly: notify the Title IX coordinator, offer supportive measures to the affected student, protect against retaliation, and follow the district's grievance process rather than handling it informally or ignoring it. Title IX also requires equitable opportunities in athletics and protects pregnant and parenting students.
Florida law also requires every district to have a policy prohibiting bullying and harassment. The Jeffrey Johnston Stand Up for All Students Act sets out what those policies must address. In practice, a leader receiving a bullying report must investigate according to policy, protect the targeted student, notify the parents of both the alleged victim and the alleged aggressor, document the response and report as required.
Leadership Scenario: A parent emails that her daughter is being repeatedly mocked online by classmates, and the posts have spilled into class with whispering and notes. Best Response: The administrator begins an investigation under the district bullying policy, takes immediate steps to protect the student, and notifies both sets of parents as the policy requires. Waiting because the posts were made off campus ignores the substantial effect on the school day, and confronting the accused students in front of the class risks retaliation and violates privacy.
Homeless Students: McKinney-Vento
The McKinney-Vento Homeless Assistance Act protects children and youth who lack a fixed, regular and adequate nighttime residence, including those sharing housing due to economic hardship, living in motels, shelters or cars, or awaiting foster care placement in some cases. The law requires immediate enrollment, even if the student lacks records normally required, such as proof of residency, immunization records or prior school transcripts. Each district has a homeless education liaison who helps families, arranges services and resolves disputes. Students may stay in their school of origin when it is in their best interest, with transportation provided. If there is a dispute about eligibility or school selection, the student is enrolled while the dispute is resolved.
Exam Tip: The key word is immediately. The correct response to a family in a shelter without records is to enroll the student now and contact the district liaison to help obtain records.
Constitutional Rights of Students
Public school students keep their constitutional rights at school, but those rights are balanced against the school's duty to maintain safety and order.
Student Rights at School
| Right | Governing Standard | What It Means in Practice |
|---|---|---|
| Search and seizure | Reasonable suspicion (New Jersey v. T.L.O.) | A search must be justified at its start and reasonable in scope given the student's age, sex and the suspected infraction |
| Free speech | Substantial disruption (Tinker v. Des Moines) | Student expression is protected unless it would materially and substantially disrupt school or invade others' rights |
| Lewd or vulgar speech | Bethel School District v. Fraser | Schools may restrict lewd or plainly offensive speech at school events |
| School-sponsored speech | Hazelwood v. Kuhlmeier | Schools may edit school-sponsored publications for legitimate educational reasons |
| Due process | Goss v. Lopez | Before a short suspension, a student receives notice of the charges and a chance to tell his or her side |
Reasonable suspicion is a lower standard than the probable cause police need, but it requires specific facts, not hunches. A tip from a reliable student that a classmate has a vape pen in her backpack may justify searching the backpack. It would not justify a highly intrusive search, such as a strip search, for a minor item. School lockers are generally school property, and district policy usually informs students that lockers may be searched. When law enforcement leads a search, the higher criminal standards apply.
On speech, a student wearing a political armband or a T-shirt with a message the principal dislikes is protected unless the school can point to facts showing likely substantial disruption. Speech that threatens others, promotes illegal drug use at school events, or is lewd at a school function can be restricted. Off-campus online speech can be addressed when it causes substantial disruption at school or targets members of the school community, but schools should be cautious and follow policy.
Due process grows with the seriousness of the consequence. A short suspension requires informal notice and a chance to respond. Longer suspensions and expulsions require more formal procedures as set by state law and the district code of conduct, including written notice and a hearing.
Memory Aid: "Search: reasonable. Speech: disruptive. Suspension: notice plus a hearing." This one line covers the three most-tested student rights.
Rights of Staff and Parents
Employees also have rights the school leader must respect. Teachers have due process rights in discipline and dismissal set by state law, district policy and the collective bargaining agreement. Those typically include notice of concerns, documentation, an opportunity to respond and, for performance issues, a chance to improve. Public employees may speak as citizens on matters of public concern, and the employer's interest in an efficient workplace is weighed against that right. Speech made as part of official job duties receives less protection. Employees are also protected from discrimination and from retaliation for reporting wrongdoing, filing complaints or participating in investigations.
Parents have the right to direct their child's education within the law, to access records, to receive notice of their rights under IDEA and Section 504, to receive information in a language they understand where feasible, and to be notified when their child is taught by an out-of-field teacher. Florida law emphasizes parental rights and notification, so district procedures for informing parents about services, health care and significant events must be followed carefully.
Leadership Scenario: A teacher complains to the principal that she was given a less desirable duty after she spoke at a school board meeting about class sizes. Best Response: The principal reviews how duties were assigned, confirms they were based on legitimate, documented reasons, and corrects any assignment that could appear retaliatory. Defending the change without review, or telling the teacher not to speak publicly again, risks a retaliation claim and violates the employee's right to speak on matters of public concern.
Child Abuse Reporting
Florida law requires any person, including every school employee, who knows or has reasonable cause to suspect that a child is abused, abandoned or neglected to report it immediately to the Florida Abuse Hotline operated by the Department of Children and Families. The duty belongs to the person with the suspicion. Telling a principal or counselor does not satisfy it, and a supervisor may not stop an employee from reporting.
Abuse Reporting: Do and Do Not
| Do | Do Not |
|---|---|
| Report immediately to the Florida Abuse Hotline | Wait to gather proof or conduct your own investigation |
| Make the report personally, even if you also inform the principal | Assume someone else has already reported |
| Listen calmly and record the student's own words | Ask leading questions or interview the alleged abuser |
| Follow district procedure for notifying administration | Contact the parent first if the parent may be the alleged abuser |
| Cooperate with investigators | Promise the student that you will keep it a secret |
Common Trap: An option that says the teacher should "notify the principal so the principal can decide whether to call" is wrong. Reasonable cause to suspect is enough, and the duty is personal and immediate.
Principles of Professional Conduct
The Principles of Professional Conduct for the Education Profession in Florida (Rule 6A-10.081, F.A.C.) set the ethical obligations of all certified educators, including administrators. Violations can lead to discipline against a certificate. The rule organizes duties into obligations to the student, to the public and to the profession.
Principles of Professional Conduct Highlights
| Obligation | Examples of Required or Prohibited Conduct |
|---|---|
| To the student | Protect students from conditions harmful to learning, health or safety; do not unreasonably restrain a student or deny access to diverse points of view; do not intentionally expose a student to unnecessary embarrassment or disparagement; do not harass or discriminate; do not exploit a relationship with a student; keep student information confidential unless disclosure serves a professional purpose or is required by law |
| To the public | Do not misrepresent personal views as those of the school; do not use institutional privileges for personal gain; do not accept gifts or favors that could impair professional judgment |
| To the profession | Be honest in professional dealings; do not falsify records; report known violations as required; self-report arrests and certain legal actions as the rule requires; cooperate with investigations; do not interfere with another educator's rights |
On the exam, the classroom behavior "most likely" to violate the principles is usually one that humiliates or singles out a student, such as posting the names of failing students, reading low grades aloud, or mocking a student's answer in front of peers. Other common violations include sharing confidential information casually, inappropriate electronic communication with students, and using a school position for personal profit, such as tutoring one's own students for pay against district policy.
Internet Safety and Cyber Issues: CIPA
The Children's Internet Protection Act (CIPA) applies to schools that receive certain federal discounts or funds for internet access. To comply, a school or district must adopt and enforce an internet safety policy that addresses the requirements in the following table.
CIPA Requirements
| Requirement | What It Looks Like |
|---|---|
| Technology protection measure | A filter that blocks visual depictions that are obscene, child pornography or harmful to minors |
| Monitoring | Monitoring the online activities of minors |
| Education | Teaching students about appropriate online behavior, including interacting on social networking sites and chat rooms, and cyberbullying awareness and response |
| Policy content | Addresses access to inappropriate material, safety of electronic communications, unauthorized access such as hacking, and unauthorized disclosure of minors' personal information |
| Public input | Reasonable public notice and at least one public hearing or meeting on the policy |
The best evidence of CIPA compliance is documentation that all of the required elements exist and are enforced, for example, a board-adopted internet safety policy, an active filter, a monitoring procedure and a curriculum for teaching online safety. A filter alone is not enough.
Beyond CIPA, leaders manage cyber issues such as sexting, cyberbullying, students recording and posting fights, data breaches and phishing. The leader follows district policy, preserves evidence without forwarding or copying explicit images of minors, notifies law enforcement when the law requires it, and protects student privacy. Teaching digital citizenship and setting clear acceptable-use rules prevents many problems.
Common Trap: When a staff member finds a sexually explicit image of a student on a phone, do not have the staff member forward it to an administrator as "evidence." Secure the device, follow district procedure and contact law enforcement as required.
Crisis Management and Threats of Self-Harm
Crisis management follows four widely used phases: prevention and mitigation, preparedness, response, and recovery. A school leader works through all four, not just the response phase.
Four Phases of Crisis Management
| Phase | Leader Actions |
|---|---|
| Prevention and mitigation | Assess hazards, improve supervision and building security, build a positive climate, use threat assessment |
| Preparedness | Write and train on the emergency plan, assign roles, conduct drills, establish communication and reunification procedures |
| Response | Activate the plan, protect life first, follow incident command, communicate accurate information |
| Recovery | Restore learning, provide counseling and mental health support, debrief and revise the plan |
Threats of self-harm require an immediate, protective response. If a student says, even casually or near dismissal, that he plans to hurt himself, the adult must not leave the student alone. The administrator keeps the student under supervision, immediately involves the school counselor, psychologist or other mental health professional according to the district's suicide risk protocol, notifies the parent or guardian, and documents every step. If the danger is imminent, the school follows its protocol for emergency services. Letting the student go home and calling the parent later, or waiting until the next morning to schedule a counseling session, leaves the student at risk.
Leadership Scenario: At 3:15 p.m., a student tells a bus duty teacher that she "won't be around tomorrow" and that she has been thinking about ending her life. The buses are about to leave. Best Response: The teacher keeps the student off the bus and under direct supervision, the assistant principal immediately contacts the school mental health professional to begin the district's risk assessment, and the parent is notified. Putting her on the bus and calling home later, or emailing the counselor for a meeting the next day, fails the duty to protect.
Key Takeaways
IDEA requires FAPE in the LRE; every service in an IEP must be delivered, and a missing staff member is never a reason to skip it.
A disciplinary change of placement for a student with a disability triggers a manifestation determination; weapons, drugs and serious bodily injury allow up to 45 school days in an interim setting.
The Consent Decree guarantees ELLs identification, comprehensible instruction, ESOL-qualified teachers, equal access to all programs and parent communication in a language they understand.
FERPA gives both parents access to records unless a legal document says otherwise; Title IX, bullying and McKinney-Vento all demand prompt, policy-based action.
Student searches require reasonable suspicion, speech is protected unless it substantially disrupts, and suspensions require notice and a chance to respond.
Abuse reporting is immediate and personal, CIPA compliance needs policy, filter, monitoring and education together, and a self-harm threat means continuous supervision plus the mental health protocol.
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