Course Description
This course is designed for classroom teachers and others who are interested in learning how the American legal system affects the care and instruction of students in today’s schools. We live in a litigious society and teachers need an understanding of laws that govern the operation and conduct of schools. Teachers have rights and obligations under the law as do students. Teachers need current information on laws so that sound and legally defensible decisions can be made. This course will explore a variety of law related topics that directly impact the lives of teachers and students, including: sources of law, the system of courts, religion in schools, freedom of expression for students, search and seizure, harassment, individuals with disabilities, tort liability, due process, student records, tenure and dismissal, defamation, discrimination in employment, and teacher freedoms. On completion of the course, participants will have comprehensive and practical knowledge of relevant and contemporary legal issues that affect students and teachers

Objectives

• Understand and identify where laws originate and explain the state and federal system of courts
• Determine the factors that govern religious freedoms and restrictions in public schools
• Evaluate the freedoms of expression that students have and do not have when in public schools
• Apply proper and legal search and seizure procedures with students
• Examine the obligation of teachers and others in regards to sexual harassment discrimination, bullying, and other forms of harassment
• Understand the laws and regulations that determine the treatment of individuals with disabilities
• Summarize teachers’ responsibilities relating to tort liability for protecting the health and safety of students under their supervision
• Explain the procedures necessary to insure that due process requirements for students are met and review teachers’ obligations in regard to student records and the provisions of the Family Rights and Privacy Act
• Define the two aspects of defamation and list defenses against defamation as well as understand laws that relate to various types of discrimination in employment
• Examine the personal freedoms and limitations teachers encounter in classrooms

Session Outline
Session 1: Introduction
Objectives:

1. Get acquainted with the instructor and classmates.
2. Become familiar with the content of the course as well as the requirements for successful completion of the course.
3. Develop a definition for the term “law”.

Contents:  

1. Class meeting times and housekeeping
2. Course requirements and course topics
3. Get acquainted activity
4. Our classroom laws activity
5. School law word sort activity
6. Describe or define a “law”
7. Review of session and assignment of homework

Session 2: Sources of Law and the System of Courts
Objectives:

1. Explain the three sources of law.Understand the three distinct court systems used in the United States.
2. Examine the history, function, and make-up of the Supreme Court.

1. What do you know, what do you want to know assessment activity
2. Sources of law
1. U. S. Constitutional law and State Constitutional law
2. Statutory law
3. Common, court, or case law
3. The system of courts
1. Federal courts
2. State courts
3. The Supreme Court
4. Session summary

1. Pre-test on knowledge of permissible and non permissible religious activities in schools.
2. “Can students lead prayers at school events?”
3. The 1st Amendment free exercise of religion clause
4. Landmark Supreme Court cases on religion
5. Current questions and court rulings on religious issues
6. The Equal Access Act (1984)
7. Case studies on religion
8. Summary of what is permissible, what is not permissible, and what has not been decided
9. Homework assignment

1. 1st Amendment and freedom of expression
2. Tinker v. Des Moines Independent Community School District activity
3. Bethel School District No. 430 v. Fraser
4. Hazelwood v. Kuhlmeier
5. Morse v. Fredrick
6. Protest and demonstrations
7. School newspapers activity
8. Cyberspace
9. Dress and appearance
10. Session summary

1. Search and Seizure Role play
2. The 4th Amendment
3. Reasonable suspicion
4. Book bags
5. Student desks
6. Automobiles
7. Personal searches
8. Student lockers
9. Strip searches
10. Canines
11. Involvement of law enforcement officials
12. New Jersey vs. T. L. O.
13. Probable cause
14. Session summary
15. Homework assignment

1. Examine the obligation of teachers and others in regards to sexual harassment, discrimination, bullying, and other forms of harassment.
2. Understand the laws and regulations that determine the treatment of individuals with disabilities.

1. Harassment
1. Student to student harassment
2. Teacher to student harassment
3. Sexual harassment involving teachers and/or students
4. Davis v. Monroe
2. Individuals with Disabilities
1. IDEA 1990
2. IDEIA 2004
3. Individual Educational Program (IEP) requirements
4. Least restrictive environment
5. Inclusion
6. Disciplining students with disabilities
7. Section 504 of the Rehabilitation Act of 1973
8. Session summary

1. Summarize teachers’ responsibilities relating to tort liability for protecting the health and safety of students under their supervision.
2. Explain the procedures necessary to insure that due process requirements for students are met.

1. Tort  liability
1. What is a tort?
2. Intentional and unintentional torts
3. In loco parentis
4. Proper standard of care
5. Individual liability
6. Vicarious liability
7. Foreseeability
8. Nuisance
9. Invitees
10. Licensees
11. Trespassers
12. Defenses for negligence
13. Duties of supervision
2. Due Process
1. Procedural and substantive due process
2. 14th Amendment
3. Goss v. Lopez
4. Suspensions
5. Expulsions
3. Session summary

1. Determine teachers’ obligations in regard to student records and the provisions of the Family Rights and Privacy Act.Understand the legal rights of tenured and non-tenured teachers.
2. Review causes for dismissal of tenured and non-tenured teachers.

1. Student records
1. Family Educational Rights and Privacy Act (FERPA) or Buckley Amendment
2. Gonzaga University v. Doe
3. Rights of parents and students
4. Rights of school personnel
2. Tenure and Dismissal
1. Acquisition of tenure
2. Non-renewal
3. Dismissal for cause
4. Incompetence
5. Insubordination
6. Neglect of duty
7. Homosexuality
8. Immorality
9. Criminal activity
10. Sexual advances toward students
11. Financial exigency
12. Good or just cause
3. Session summary

1. Define the two aspects of defamation and list defenses against defamation.
2. Describe laws that relate to various types of discrimination in employment.

1. Defamation
1. Slander
2. Libel
3. Defenses against defamation
1. Privilege
2. Good faith
3. Acts of malice
4. Truth
4. References
2. Discrimination in Employment
1. 14th Amendment, Title VII of the Civil Rights Acts of 1964, Title IX of the Education Amendments Act of 1972, Rehabilitation Act of 1973, Americans With Disabilities Act of 1990, Age Discrimination in Employment Act of 1967 (amended 1978), Pregnancy Discrimination Act of 1978, Family and Medical Leave Act of 1993
2. Discrimination
3. Retaliation
4. Sexual discrimination
5. Qualifications for employment
6. Disability-based discrimination
7. Gender discrimination
8. Religious discrimination
9. Age discrimination
10. Pregnancy discrimination
3. Session summary

1. Examine the personal freedoms and limitations teachers encounter in classrooms.
2. Review landmark Supreme Court cases that impact teachers and teaching.

1. Teacher freedoms
1. Speech outside the school
2. Pickering v. Board of Education (1968)
3. Academic freedom
4. Freedom of association
5. Membership in subversive organizations
6. Political rights
7. Dress codes
8. Personal life (right to privacy)
9. Religious freedom
10. Retaliation
2. Landmark Supreme Court Cases
1. Tinker v. Des Moines
2. Bethel School District v. Fraser
3. Hazelwood v. Kuhlmeir
4. Davis v. Monroe
5. New Jersey v. T. L. O.
6. Lemon v. Kurtzman
7. Pickering v. Board
8. Goss v. Lopez
3. Course review
4. Final examination

Student Requirements

	1.	Attend all class sessions for the requisite number of hours (45) and actively participate in all class activities.
	2.	Explore in-depth an assigned topic related to school law and prepare a presentation on the topic. The course instructor may elect to make this a small group assignment.
	3.	Complete in-class written assignments.
	4.	Participate in small group and large group discussions.
	5.	Complete in-class and homework reading assignments.
	6.	Pass a final examination.

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
To register to take TEI's Legal Issues Affecting Students and Teachers classroom graduate course, go to the Course Registration page.