School Law: Knowing the Issues

 

Course Description
How do teachers and administrators respond to the legal challenges which they might face in this ever increasing litigious society? How do they know when they are operating within the law? School personnel are often faced with issues such as student freedom of expression, teacher freedoms, dress and appearance, religious expression, home schooling, academic freedom, special education, teacher tenure, sexual harassment, search and seizure, and gang organization. These issues are volatile and if not handled correctly often lead to litigation. Traditionally, teachers have not received training in the ways in which to address issues of potential legal ramifications. Not following supported legal practices as a teacher or an administrator can lead to law suits. Lack of knowledge of the legal frameworks in education law is not beneficial for teachers and administrators. Court cases have been related to practices which teachers might consider routine, such as how to search for missing items in the classroom.

This course serves as a framework for educators to understand legal issues that could occur and have occurred as related to student and teacher freedoms as well as other legal issues related to the Constitutional Amendments. Violation of the constitutional amendments is where the majority of legal cases arise in educational issues.

District policies and best practices in educational settings are also explored as related to constitutional issues: for example, the First Amendment and the Fourteenth Amendment to the United States Constitution. Rulings in cases will be discussed as applicable to case law and the impact for the teacher and the administrator. Landmark cases are also reviewed. Students will also have the opportunity to develop sample policies and procedures.

Objectives

  • Learn to define legal terminology by formal definition and use in context.
  • Reference landmark cases as applicable to education.
  • Have a working knowledge of issues that pertain to the First Amendment of the Constitution as related to student and teacher freedoms and expression.
  • Have a working knowledge of issues that pertain to the Fourteenth Amendment of the Constitution as related to the educational setting.
  • Reference best practices in classroom instruction as related to legal parameters.
  • Develop parameters for best practices in education as related to legal rulings.
  • Reference best practices in special education law as related to classroom instruction.
  • Acquire the ability to conform within the responsibilities and rights allowed the teaching profession in the performance of their duties.
  • Understand student responsibility and rights.
  • Develop procedures for imminent student issues.
  • Develop sample school policies.
  • Reference court rulings in sample cases.
Curriculum Design
Students will be involved in a variety of tasks for completion of course requirements. These tasks include: readings, report on reading, analysis of legal concepts, development of school standards and policies as related to best practices, and interpretation of legal principles. School Law is a 3 credit graduate level or forty-five hour professional development course taught on weekends or over five full days.

Course Materials
The required textbook for this course is School Law and The Public Schools (2004) by Nathan Essex (Allyn and Bacon). The textbook and a student guide will be provided for all students. A variety of readings will be referenced throughout the course. Other supplemental readings will be provided.

Session Outline
Session 1: Legal Frameworks Affecting Public Schools
Contents:
  • Sources of Law
  • The U.S. Systems of Courts
  • Analysis of Appellate Courts
  • The Supreme Court
  • Definitions

Assignment: Reflect on your readings in this Session and discuss (in 300 words or less) an area of growth in legal awareness for you.

Session 2: Religion and the Public Schools
Contents:
  • School Sponsored: Prayer, Bible Reading
  • Silent Prayer and Meditation
  • Prayer at School Events, Voluntary Prayer at Commencement
  • Use of Facilities by Religious Groups
  • Religious Activities and Holiday Programs
  • Aid to Parochial Schools

Assignment: Answer the following questions and include appropriate reference to the course material for the following:

  1. What does that mean in a public school?
  2. May students share their religious faith in public schools? Explain your answer.
  3. Explain the Lemon standards.
Session 3: Students and the Law
Contents:
  • Freedoms and Expression: Protests & Demonstrations, School Sponsored Newspaper, Non School Sponsored Newspaper, Censorship, School Use Of Internet
  • Dress and Appearance
  • Gang Violence
  • Zero Tolerance & School Safety
  • Suspension and Expulsion

Assignment: Answer the following questions and include appropriate references to the course material and court case/s for the following:

  1. Is it constitutional for a school administrator to censor a school-published publication such as a newspaper or a yearbook? Explain your answer in 500 words or less.
  2. Analyze your school’s policy on suspension and expulsion. Describe how they meet muster for best practices in guidelines in developing these policies.
  3. Mid term: Explain the difference between the court established Tinker Standard (Tinker v. Des Moines Independent School District, 1969) and the Fraser Standard (Bethel School District No 403 v. Fraser, 1986).
Session 4: Search and Seizure and Related Issues
Contents:
  • Search and Seizure
  • Student Desks, Student Lockers, Book Bags, Automobiles, and Personal Searches
  • Strip Searches
  • Use of: Law Enforcement Officials, Canines, Drug Testing, Metal Detectors, Pagers and Cell Phones
  • Classroom Harassment
  • Corporal Punishment

Assignment: Answer the following questions and include appropriate references to the course material and court case/s for the following:

  1. Explain the “reasonable suspicion” standard as related to search and seizure.
  2. When are student desks and student lockers subject to search?
  3. Review your school’s search and seizure policy and discuss how it compares to the best practices for search and seizure.
  4. Discuss in 300 words or fewer, elements that you believe are important to include in a classroom harassment policy.
  5. What applications to search and seizure have been learned from New Jersey v. T.L.O., 1985?
Session 5: Individuals with Disabilities Act
Contents:
  • Individualized Education Program Requirements
  • Least Restrictive Environment
  • Program Review and Changes
  • Disciplining Students with Disabilities

Assignment: List the mandated components of an IEP.

Session 6: Teacher Freedoms
Contents:
  • Procedural Considerations
  • Freedom of Expression: Academic Freedom, Speech Outside the School Environment
  • Freedom of Associations: Subversive Organizations, Political Rights
  • Dress and Grooming
  • Right to Privacy
  • Religious Freedoms

Assignment: Answer these questions to the best of your ability based on information in this module.

  1. Do teachers and school officials forfeit their First Amendment protection once they become public employees?
  2. Is academic freedom a limited concept in public schools?
  3. May a teacher’s dress and appearance be regulated by school boards?
Session 7: Tenure, Dismissal, and Due Process
Contents:
  • Tenure and Acquisition of Tenure
  • Dismissal for Cause

Assignment: Include appropriate references to the course material for the following assignment:

Select three causes (grounds) for teacher dismissal and discuss the standard for dismissal for each cause.

Session 8: Liability and Student Records
Contents:
  • Sanctions for Violating Family Privacy Rights
  • Rights of Parents, Rights of Students, Rights of School Personnel
  • Defamation Involving School Personnel
  • Defenses Against Defamation: Privilege, Good Faith, Truth

Assignment:

  1. Review the Rights under FERPA and discuss three salient points that have meaning for you as an educator.
  2. Explain the difference between slander and libel.
Session 9: Limiting Liability
Contents:
  • The School as a Safe Place
  • Liability for School Violence
  • Liability of School Personnel

Assignment: Select one of the following activities. Develop a plan to handle school violence for your educational setting or develop a plan to handle gang violence in your educational setting. Include best practices from this module.

Session 10: Personnel and District Liability
Contents:
  • Torts
  • Negligence
  • Duties of Supervision
  • Educational Malpractice

Assignment: Answer the following:

  1. What is the difference between intentional and unintentional torts?
  2. Provide a definition and example of contributory negligence.
  3. Discuss the standard of care that must be provided as teachers instruct and supervise students.
Grading
  Assignment Points   Grading Scale  
  Classroom Participation 20      100 – 93 A
  Reading Assignments 20       92 – 85 B
  Classroom Assignments 30       84 – 77 C
Out of Class Assignments 20
  Final Exam 10    
  Total Points 100    

Student Requirements
1. Attend all class sessions for the requisite number of hours (45) and actively participate in all class activities.
2. Complete all reading assignments in the textbook.
3. Pass a final exam.

Student Academic Integrity
Participants guarantee that all academic class work is original. Any academic dishonesty or plagiarism (to take ideas, writings, etc. from another and offer them as one's own), is a violation of student academic behavior standards as outlined by our partnering colleges and universities and is subject to academic disciplinary action.

Register
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