EDAD 5050

EDUCATION LAW

SYLLABUS

 

 

Course Description

 

Educators must know the laws that govern the operation and conduct of their organizations as they face a highly litigious society. EDAD 505 is a study of the relevant legal principles that affect the operation, organization, and administration of American schools. In EDAD 505, practicing teachers, prospective teachers, as well as practicing and prospective administrators will gain knowledge about legal issues that will help them in effectively performing their professional duties within the boundaries of constitutional, statutory, and case law.

 

Course Objectives

 

  1. The primary objective in this course is to provide educators with comprehensive and practical knowledge of relevant and contemporary legal issues that affect students, teachers, administrators, other school staff members.  

 

  1. The course will provide teachers and administrators with pertinent information to direct their day-to-day decisions and actions as they encounter a wide array of legal challenges within their organization.

 

  1. The case study approach is used reinforce concepts and create dialog among students.

 

  1. A field-experience activity is intended to provide the student with real world application of legal principles in authentic situations.

 

Student Outcomes

 

  1. The student will investigate the legal framework affecting public schools discover the boundaries of constitutional, statutory, and case law for teachers and administrators.

 

  1. The student will analyze seminal cases in educational law and develop briefs on them to better understand the legal principles involved.

 

  1. The student will apply relevant legal principles to hypothetical cases presented in the in-basket exercises for each chapter.

 

  1. The student will interview an attorney involved in educational law to investigate and report on the most current legal challenges that face today's schools.

 

  1. The student will assess the ethical considerations involved in making sound and legally defensible decisions that affect students and school personnel under their authority with the in-basket exercises.

 

  1. The student will synthesize their readings and research on school law through the development and production of a research paper on an educational law topic.

 

Prerequisites

 

Admission to the student's home institution's graduate school and acceptance into the Tennessee Board of Regents' Online Degree Program.

 

Course Topics

 

It is expected that students complete the eight modules in sequence. Please see the attached Appendix for a detailed description of course topics in each module.

 

MODULE 1:  Forms of Law  - Topics include: sources of law and the American judicial system

         

MODULE 2:  Schools and the State - Topics include: compulsory attendance; religion in the schools; use of facilities; aid to nonpublic schools; school fees; and health services

               

MODULE 3:  Students and the Law - Topics include: freedom of expression; Family Educational Rights and Privacy Act of 1974 (Buckley Amendment); suspension, expulsion, and disciplinary transfer; corporal punishment; search of students and lockers; dress, grooming, and uniforms; pregnancy, parenthood, and marriage; participation in extracurricular activities; and school punishment for out-of-school offenses

 

MODULE 4:  Teachers and the Law - Topics include: nonrenewal and dismissal; freedom of expression; academic freedom; drug testing; personal appearance; teacher as exemplar; employment discrimination; teacher bargaining; and political activities

 

MODULE 5: School Desegregation - Topics include: historical perspective; early desegregation in the South; desegregation in the non-South; and current desegregation issues

 

MODULE 6:  Individuals with Disabilities and the Law - Topics include: The Individuals with Disabilities Education Act; The Rehabilitation Act - Section 504; and The Americans with Disabilities Act

 

module 7:  School Finance and School Choice Issues - Topics include: school finance reform; and choice issues such as voucher plans, charter schools and tuition tax credits

 

Module 8: Educator and School District Liability - Topics include: school district immunity; educator liability; and duties of supervision

 

 

 

 

Required Textbook

Please visit the Virtual Bookstore to obtain textbook: http://rodp.bkstr.com  

Hardware Requirements

The following is a list of the basic minimum requirements for the course.

PC users.

A minimum computer system that will help you access all the tools in the courses is a Pentium 166 or better

64 Megabytes of RAM or better

Windows 98 (or higher if possible)

A modem (56k minimum; Cable or DSL will give you best performance)

And a dependable internet service provider (ISP). Any provider will do as long as you get an email account, have access to the World Wide Web, and don't have serious problems connecting. 

For a list of ISPs in your area see www.thelist.com

For Mac users.

Minimum system requirements for Mac users are a 604 PowerPC processor Preferably a G3 (iMac are included) or G4 processor computer running Mac OS 9.x or above 

Your Macintosh should have a minimum or 64 MB RAM, preferably 128 with at least 25 MB assigned to your browser.  If you need assistance in adjusting memory please refer to your Apple Help file searching under the header Memory - Adjusting your memory usage. It is advised that you not have multiple applications open while working in your browser within the Online Degree Program. This requires more RAM and will cause the browser to run very slowly.

A modem (56k minimum; Cable or DSL will give you best performance)

And a dependable internet service provider (ISP). Any provider will do as long as you get an email account, have access to the World Wide Web, and don't have serious problems connecting or maintaining a connection. For a list of ISPs in your area see The List  

Remember! The above specifications are minimal, and you'll get by with them, but more sophisticated systems are better.

Browser Recommendations

  • Netscape 4.76, 6.2.1, 6.2.2, and 6.2.3 (PC & Mac)
  • Internet Explorer 5.0 to 6.0, except 5.5 Service Pack 1 (PC)
  • Internet Explorer 5.0 and 5.1 (Mac OS 9.x)
  • Internet Explorer 5.1 (Mac OS 10.1)
  • AOL 7.0 (PC & Mac)

  • JavaScript must be enabled.
  • Cookies must be enabled.
  • Java must be enabled in courses which use the Whiteboard and/or Chat tools.

  • WebCT maintains a browser tune-up page with complete directions on making your browser work well with WebCT.  The RODP currently (fall) uses WebCT version 3.7. WebCT version 3.8 will be used beginning spring 2003.

Software Requirements

 

Microsoft Word is the software program that must be used for all for papers and assignments. This program offers the greatest common denominator in terms of sending documents across different platforms.

 

Research NavigatorTM is provided at no charge to students who purchase a new textbook. It takes the student step-by-step through the research process. It provides the student access to some of the most respected databases available and shows the students sample research papers and guidelines on how to prepare endnotes and bibliographies.

 

 

Testing Procedures

 

The two quizzes will be timed. The details on the quizzes will be provided during the first week of class.

 

Students will have one week to complete the final exam.. The final exam items require essay responses. Students are expected to write a five-paragraph essay for each item. Check the website for help in developing the essay. The exam will be scored using a rubric that evaluates the quality of detail in the response, correctness and completeness of the response, and the students' use of grammar and style.

 

 

 

 

 

 

 

 

 

 

Grading Procedure

 

The final grade will be calculated using the following procedure:

 

Assignment                                                             Point Value

  Participation/Discussion board activities                               

·         Leading a discussion board activity                     10%

·         Participating in other students' discussion board
activity                                                         10%

  Assignment 1: Introductory activity                                      5%

  Assignment 2:Written in-basket activities                              10%

  Assignment 3: Written briefs of eight seminal cases                10%

  Assignment 4: Research paper                                            15%

  Assignment 5: Attorney interview (field experience)                10%

  Quiz 1 - over Module 1 and 2                                               5%

  Quiz 2 - over Modules 3 - 5                                                5%

   Final exam                                                                      20%

TOTAL POSSIBLE POINTS                                                   100%

 

Grading Scale

 


A

 

90-100 points

Excellent: work of exceptional quality which indicates the highest level of attainment in the course

 

B

80-89 points

Good: work is above average, which indicates a high level of achievement

 

C

70-79 points

   Work of average quality representing substantial fulfillment of the course's minimum essentials

 

D

 

 

F

60-69 points

 

 

  59 points and

            below

  Poor: represents passing work but below the standards of quality

 

Failure: represents unacceptable performance in the course

 

 

 

 

 

 

 


Assignments and Participation

 

 

Participation in Leading a Discussion Board Activity and Postings on the Discussion Board

 

Each student is required to respond to discussion questions at least twice weekly, and post at least one discussion question per month using the in-basket activities at the end of each chapter. A roster of when each student is to post a question to lead an online discussion will be developed. Leading a discussion on the Discussion Board accounts for 10% of the final grade and postings on the discussion board account for 10% of the final grade.

 

Assignment 1:  Setting the stage for School Law

 

For the initial stage of the course, students should familiarize themselves with: how to navigate WebCT; the syllabus and other navigation tools that are specific to this course; and the course requirements

 

For this assignment, each student is to submit a one page biographical sketch. The purpose of this activity is for students to introduce themselves. The biographical sketch should include but is not limited to your professional experience, your expectations from this course, your level of expertise with WebCT, and any other information that you want to share. This assignment accounts for 5% of the final grade.

 

ASSIGNMENT 2: In-basket Exercises

 

At the end of each chapter in the text, in-basket exercises are provided that are short, hypothetical cases with discussion questions. Students are asked to apply their knowledge of school law in each situation to resolve the legal issues involved. The assignments should be submitted through WebCT site according to the posted schedule. The in-basket exercises account for 10% of the final grade.

 

ASSIGNMENT 3: BRIEFS OF SEMINAL CASES

 

Each student will be assigned specific briefs for eight cases from Modules 2 through 8. The cases will be selected by the professor to complement each module. After the briefs have been reviewed by the professor, they will be posted on the WebCT site for other class members to read. Assignment 3 accounts for 10% of the final grade. The briefs should be no more than five double-spaced pages in length and should include the following 10 items:

 

    1. Complete citation;
    2. Parties involved in the case;
    3. The date the case was adjudicated;
    4. Place where the case was adjudicated;
    5. The facts of the case;
    6. Issues or legal questions raised in each case;
    7. The court's decision and rationale for each issue;
    8. The educational implications of each issue;
    9. Dissenting opinion (if applicable) and the reason for it; and
    10. Personal view and comment on the case.

 

The cases listed below are the leading cases in educational law that students will be assigned to read and develop briefs.

 

Compulsory Attendance

  • Pierce v. Society of Sisters, p. 280

 

Religion in the Schools

  • Engel v. Vitale, p. 14
  • School District of Abingdon Township v. Schemp and Murray v. Curlett, p. 15
  • Lee v. Weisman, p. 24
  • Edwards v. Aguillard, See website

                                          

Use of Facilities

  • Good News Club v. Milford Central School, See website

 

School Fees

  • Hartzell v. Connell, See website

         

Health Services

  • Berg v. Glen Cove City School District, See website

 

Freedom of Expression

  • Tinker v. Des Moines Independent Community School District, p. 138 and website
  • Bethel School District No. 403 v. Fraser, p. 45
  • Hazelwood School District v. Kuhlmeier, p. 49
  • Sherman v. Community School District, See website

 

Suspension, Expulsion, and Disciplinary Transfer

  • Goss v. Lopez, p. 55 and p. 97
  • Gonzales v. McEuen, See website
  • Allen v. Casper, See website

 

Corporal Punishment

  • Ingraham v. Wright, p. 66 and the website

 

Search of Students and Lockers

  • New Jersey v. T.L.O., p. 56 and website

 

Participation in Extracurricular Activities

  • Palmer v. Merluzzi, See website
  • Beeson v. Kiowa County School District RE -1, see website

 

Nonrenewal and Dismissal

  • Board of Regents of State Colleges v. Roth, p. 248

 

Freedom of Expression

  • Pickering v. Board of Education of Township High School District 205, p. 189, p. 245
  • Mt. Healthy City School District Board of Education v. Doyle, p. 291

 

Academic Freedom

§         Fowler v. Board of Education of Lincoln County, p. 192

§         Wilson v. Chancellor, See website

 

Personal Appearance

  • East Hartford Education Association v. Board of Education of Town of East Hartford, p. 199

 

Teacher as Exemplar

  • Erb v. Iowa State Board of Public Instruction, p. 203
  • Gillett v. Unified School District No. 276, See website
  • Barcheski v. Board of Education of Grand Rapids, See website

 

Employment Discrimination

§         Marshall v. Kirkland, p. 216

§         Eckmann v. Board of Education of Hawthorn School District, p. 202

 

Teacher Bargaining

  • Lehnert v. Ferris Faculty Association, See website

 

Assignment 4: Research Paper on a Topic Related to School Law

 

Students are to select a topic on school law, research the topic, and write a six-page, double-spaced paper. Topics for the paper may be selected from the following list:

 

  • Compulsory Attendance
  • Religion in the Schools
  • Use of Facilities
  • School Fees
  • Health Services
  • Freedom of Expression
  • Suspension, Expulsion, and Disciplinary Transfer
  • Corporal Punishment
  • Search of Students and Lockers
  • Participation in Extracurricular Activities
  • Nonrenewal and Dismissal of Teachers
  • Freedom of Expression
  • Academic Freedom
  • Personal Appearance
  • Employment Discrimination
  • Collective Bargaining for Teachers
  • Historical Perspective on School Desegregation
  • Individuals with Disabilities and the Law

 

Assignment 5:  Interview an Attorney for the School Board in Your Community or for the Local School System

 

Develop a set of 20 questions to use in an interview with an attorney in your community that handles education law. This individual may work for the department of education, the local school board, or local school system. Write a report of the interview and be sure to write the questions and the answers. Add a section at the end of the report with your reflections on this activity. The report on the interview with the attorney accounts for 10% of the final grade.

 

Quizzes and Final Exam

 

The two quizzes will be timed. The details on the quizzes will be provided during the first week of class. Each quiz represents 5% of the final grade.

 

Students will have one week to complete the final exam.. The final exam items require essay responses. Students are expected to write a five-paragraph essay for each item. Check the website for help in developing the essay. The exam will be scored using a rubric that evaluates the quality of detail in the response, correctness and completeness of the response, and the students' use of grammar and style. The final exam accounts for 20% of the final exam.

 

Class Participation

 

Active participation is an important element in learning. Students must participate in all interactive aspects of the course. Students must communicate with other students on the discussion board and communicate with the instructor as a learning resource. Participating in the Discussion Board activities and leading the class participation in the Discussion Board activities represents 20% of the final grade.

 

Punctuality

 

All assignments must be submitted by the due dates. Late assignments will be subjected to two penalty points for each day that the assignment is late unless justified by a medical emergency or technical difficulties with the server. This includes weekends and holidays.

 

Course Ground Rules

 

Participation is required. Students are expected to communicate with other students and the instructor in the discussion board. Learn how to navigate in WebCT. Keep abreast of course announcements. Use the assigned college or university email address as opposed to personal email addresses. Address technical problems immediately. Observe course netiquette at all times.

 

Policy on Academic Honesty

 

As members of an academic community that places a high value on truth and the pursuit of knowledge, students are expected to be honest in every phase of their academic life and to present as their own work only that which is genuinely theirs. Each student has the responsibility to maintain the highest standards of academic integrity and to refrain from cheating, plagiarism or any other form of academic dishonesty. Academic dishonesty is representing another's work as one's own or using the work of another without crediting the source. The sanctions for academic dishonesty (including cheating on an examination, plagiarism and similar offenses) are severe.

 

 

Guidelines for Communication

 

Email:

  • Always include a subject line.
  • Remember without facial expressions some comments may be taken the wrong way. Be careful in wording your emails. Use of emoticons might be helpful in some cases.
  • Use standard fonts.
  • Do not send large attachments without permission.
  • Special formatting such as centering, audio messages, tables, html, etc. should be avoided unless necessary to complete an assignment or other communication.
  • Respect the privacy of other class members

Discussion Groups:

  • Review the discussion threads thoroughly before entering the discussion. Be a lurker then a discussant.
  • Try to maintain threads by using the "Reply" button rather than starting a new topic.
  • Do not make insulting or inflammatory statements to other members of the discussion group. Be respectful of other's ideas.
  • Be patient and read the comments of other group members thoroughly before entering your remarks.
  • Be cooperative with group leaders in completing assigned tasks.
  • Be positive and constructive in group discussions.
  • Respond in a thoughtful and timely manner.

Chat:

  • Introduce yourself to the other learners in the chat session.
  • Be polite. Choose your words carefully. Do not use derogatory statements.
  • Be concise in responding to others in the chat session.
  • Be prepared to open the chat session at the scheduled time.
  • Be constructive in your comments and suggestion

Web Resources:

 

  • EBSCO's Content Select database contains thousands of academic journal and periodicals
  • LinkLibrary offers access to thousands of web links.
  • The New York Times on the Web provides unlimited access to every article published from 1-1-2002 to the present.
  • FT.com offers business information and data from the renowned Financial Times.
  • Columbia Guide to Online Style by Janice R. Walker and Todd Taylor
  • Citation Styles Online http://www.bedfordstmartins.com/online/cite6.html

 

 

Library

The Tennessee Virtual Library is available to all students enrolled in the Regents Degree Program. Links to library materials (such as electronic journals, databases, interlibrary loans, digital reserves, dictionaries, encyclopedias, maps, and librarian support) and Internet resources needed by learners to complete online assignments and as background reading must be included in all courses. 

Three databases will be most helpful to students as they research case law. The databases include: ERIC, Wilson Web, and Lexus-Nexus.

Students With Disabilities

Qualified students with disabilities will be provided reasonable and necessary academic accommodations if determined eligible by the appropriate disability services staff at their home institution. Prior to granting disability accommodations in this course, the instructor must receive written verification of a student's eligibility for specific accommodations from the disability services staff at the home institution. It is the student's responsibility to initiate contact with their home institution's disability services staff and to follow the established procedures for having the accommodation notice sent to the instructor.

 

Syllabus Changes

The instructor reserves the right to make changes as necessary to this syllabus. If changes are necessitated during the term of the course, the instructor will immediately notify students of such changes both by individual email communication and posting both notification and nature of change(s) on the course bulletin board.

Technical Support

Telephone Support:

If you are having problems logging into your course, timing out of your course, using your course web site tools, or other technical problems, please contact the AskRODP Help Desk by calling

1-866-550-7637 (toll free)

or go to the AskRODP website at:

http://help.rodp.org