Legal Issues Affecting Students & Teachers

Practical Knowledge
A Graduate Course

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
• Describe and explain the state and federal system of courts
• Analyze the impact of the U. S. constitution and its’ amendments on the rights of students, teachers, and parents
• 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
• Review 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
• Review causes for dismissal of tenured and non-tenured teachers
• Define the two aspects of defamation and list defenses against defamation
• Understand laws that relate to various types of discrimination in employment
• Examine the personal freedoms and limitations teachers encounter in classrooms
• Review landmark Supreme court cases that impact teachers and teaching

Hardware & Computer Skills Requirements
Students may use either a Macintosh computer or a PC with Windows 2000 or higher. Students should possess basic word processing skills and have internet access with an active e-mail account. Students also are expected to have a basic knowledge of how to use a Web browser, such as Netscape Navigator, Microsoft Internet Explorer or America Online's (AOL) browser. To download a browser at no cost, visit one of the following Web sites – Netscape.com; Microsoft.com and AOL.com.

Course Materials
The required textbook for this course is School Law and the Public Schools: A Practical Guide for Educational Leaders (2008) written by Nathan L. Essex.  In addition, other readings will be assigned during the course to enhance learning. The textbook, course materials, and an extensive Recommended Reading List will be provided for all students. In addition, online readings and Website reviews (including journal articles and best practices from the body of educational research) will be assigned during the course to enhance learning. These readings will be presented as annotated Websites within the course content.

Session Outline
Session 1: 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. Separating church and state background
2. The 1st Amendment free exercise of religion clause
3. Landmark Supreme Court cases on religion
4. Current questions and court rulings on religious issues
5. The Equal Access Act (1984)

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

1. The 4th Amendment
2. New Jersey v. T. L. O.
3. Strip searches
4. Vernonia School District v. Action
5. Search and seizure guidelines

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. Meritor Savings Bank v. Vinson
5. Davis v. Monroe
6. Hawkins v. Sarasota County School Board
2. Students with Disabilities
1. Laws affecting disabled children
2. IDEA 1990
3. Board of Education v. Rowley
4. Timothy W. v. Rochester, New Hampshire School District
5. Education related service requirements
6. Cedar Rapids v. Garret, F.
7. Least restrictive environment
8. Beth V. v. Lake Bluff School District
9. Length of school year
10. Disciplining students with disabilities
11. S-1 v. Turlington
12. Hong v. Doe

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. Individual liability
5. Vicarious liability
6. Foreseeability
7. Nuisance
8. Invitees
9. Licensees
10. Trespassers
11. Defenses for negligence
12. Duties of supervision
13. Wood v. Strickland
2. Due Process
1. The 5th Amendment
2. The 14th Amendment
3. Procedural and substantive due process
4. Goss v. Lopez
5. Suspensions and expulsions
6. Dixon v. Alabama State Board of Education

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. Rights of parents and students
3. Rights of school personnel
4. Directory information
5. Gonzaga University v. Doe
6. Owasso Independent School District v. Falvo
2. Tenure/Dismissal
1. Acquisition of tenure
2. Non-renewal
3. Dismissal for cause
4. Incompetence
5. Johnson v. Francis Howell Board of Education
6. Insubordination
7. Neglect of duty
8. Homosexuality
9. Immorality
10. Criminal activity
11. Board of Education v. Calderon
12. Sexual advances toward students
13. Financial exigency
14. Good or just cause

Module 8: Defamation
Objective: Define the two aspects of defamation and list defenses against defamation.

Contents:   

1. Defamation
2. Slander
3. Libel
4. Defenses against defamation
5. Privilege
6. Good faith
7. Acts of malice
8. Truth
9. References
10. Hett v. Ploetz
11. Broward Circuit Court v. Carey Bock
12. Burton v. Town of Littleton
13. Slandering a school

Module 9: Discrimination in Employment
Objective: Define the two aspects of defamation and list defenses against defamation.

Contents:   

1. The 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. Retaliation
3. Sexual discrimination
4. Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
5. Racial discrimination
6. Religious discrimination
7. Age discrimination
8. Pregnancy discrimination
9. Family and Medical Leave Act of 1993
10. Fuhr v. School District of City of Hazel Park
11. Jackson v. Birmingham Board of Education
12. Trans World Airline v. Hardison

Module 10: Teacher Freedoms
Objective: Examine the personal freedoms and limitations teachers encounter in classrooms.

Contents:   

1. Pickering v. Board of Education (1968)
2. Academic freedom
3. Freedom of association
4. Membership in subversive organizations
5. Political rights
6. Dress codes
7. Freedom of expression in personal life (right to privacy)
8. Religious freedom
9. Retaliation
10. Burgess v. Independent School District of Noble County
11. Fowler v. Board of Lincoln County
12. East Hartford Education Association v. Board of Education of Town of Hartford
13. Erb v. Iowa Board of Public Instruction

Grading

Student Requirements

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 & Teachers online graduate course, go to the Course Registration page.