School Law

EDL 652

Syllabus

Course Description:

How do teachers and administrators respond to the legal challenges that they might face in this ever-increasing litigious society?  How do they know when they are operating within the law?  What procedure should a teacher follow for search and seizure?  School personnel are often faced with issues such as student freedom of expression, dress and appearance, religious expression, home schooling, academic freedom, special education, tenure, sexual harassment, and gang organization.  These issues are volatile and, if not handled correctly, can lead to litigation.  Traditionally, teachers have not received training in the ways in which to address issues of potential legal ramification.  Following non-supported legal practices as a teacher or an administrator can lead to lawsuits.     

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 special education.   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.   

Text: School Law and The Public Schools (2004) by Nathan Essex (Allyn and Bacon)

Teaching Methodologies:

School Law is a forty-five hour graduate level course offered over a fifteen-week period.  Successful completion of all course and student requirements will earn the student three (3) graduate credits. Students will be involved in a variety of tasks for completion of course requirements.  These tasks include: readings, reports on readings, analysis of legal concepts, development of school standards and policies as related to best practices, and interpretation of legal principles.

The work for this course is expected to be the original work of the student except where properly documented. 

Course Objectives:

By the end of the course the student will:

1. Gain an awareness of legal terminology.

2. Reference landmark cases as applicable to education.

3. Have a working knowledge of issues that pertain to the First Amendment of the Constitution as related to student and teacher freedoms and expression.   

4. Have a working knowledge of issues that pertain to the Fourteenth Amendment of the Constitution as related to the educational setting.

5. Reference best practices in classroom instruction as related to legal parameters.

6. Reference best practices in special education law as related to classroom instruction.

7. Gain an awareness of teacher responsibility and rights.

8. Gain an awareness of student responsibility and rights.

9. Develop procedure for imminent student issues.    

Module/Session Topics:

Module 1

Legal Frameworks Affecting Public Schools

1. Sources of Law

2. The U.S. Systems of Courts

3. Analysis of Appellate Courts

4. The Supreme Court

5. Definitions

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

Module 2

Religion and the Public Schools

1. School Sponsored: Prayer, Bible Reading

2. Silent Prayer and Meditation

3. Prayer at School Events, Voluntary Prayer at Commencement

4. Use of Facilities by Religious Groups

5. Religious Activities and Holiday Programs

6. Aid to Parochial Schools

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

1. The First Amendment says that the government may not “establish” religion.  What does “establish” mean in a public school? 

2. Using the Lemon standards, explain why free public transportation for parochial school children does not violate the First Amendment and why shared time and community education programs for parochial school students violate the First Amendment.

3. When may a school district deny access to community groups in an open form?

Module 3 

Students and the Law

1. Freedoms and Expression: Protests & Demonstrations, School Sponsored Newspaper, Non School Sponsored Newspaper, Censorship,  School Use of Internet

2. Dress and Appearance

3. Gang Violence

4. Zero Tolerance & School Safety

5. Suspension and Expulsion

Assignments: Answer the following questions, and include appropriate reference 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 400 words or less.

2. Analyze your school’s policy on suspension and expulsion.  Describe how it meets muster for best practices in guidelines in developing these policies.  Post this information to the forum and react to another student’s posting.  

3. 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).  

Module 4

Search and Seizure and Related Issues

1. Search and Seizure

2. Student Desks, Student Lockers, Book Bags, Automobiles, and Personal Searches

3. Strip Searches

4. Use of Law Enforcement Officials, Canines, Drug Testing, Metal Detectors, Pagers and Cell Phones

5. Classroom Harassment

6. Corporal Punishment

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

1. When are student desks and student lockers subject to search? 

2. What applications to search and seizure have been learned from New Jersey v. T.L.O., 1985?

3. There are many applications from Davis v. Monroe that can serve as administrative guidelines for educators.  Discuss two of these which you believe are of particular importance in guidance to educators.

Module 5

Individuals with Disabilities Act

1. Individualized Education Program Requirements

2. Least Restrictive Environment

3. Program Review and Changes

4. Disciplining Students with Disabilities

Assignment:

1. In 400 words or less, explain what is meant by the least restrictive environment.  What do you think the least restrictive environment would be for students who are academically gifted? 

2. Discuss a change in IDEA 2004 which impacts IEP development.     

Module 6

Teacher Freedoms

Procedural Considerations

1. Freedom of Expression: Academic Freedom, Speech Outside the School Environment

2. Freedom of Associations: Subversive Organizations, Political Rights

3. Dress and Grooming

4. Right to Privacy

5. Religious Freedoms

Assignment: Answer these questions to the best of your ability based on information in this module, the must see links, and the text.

1. Do teachers and school officials forfeit their First Amendment protection once they become public employees? Explain your answer.

2. What was the holding in the Pickering case by the U.S. Supreme Court?  

3. What is meant by procedural due process and substantive due process as related to procedural considerations for teachers? 

4. Explain “protected speech”.

Module 7

Tenure, Dismissal, and Due Process

1. Tenure and Acquisition of Tenure

2. Dismissal for Cause

Assignments: Answer the following question, and include appropriate reference to the course material for the following:

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

2. In a brief paragraph of 300 words or less, discuss how teachers can obtain tenure in public schools in your state. Include information on the probationary period.  Also, include any standards which must be met to acquire tenure. 

Module 8

Liability and Student Records

1. Sanctions for Violating Family Privacy Rights

2. Rights of Parents, Rights of Students, Rights of School Personnel

3. Defamation Involving School Personnel

4. Defenses Against Defamation: Privilege, Good Faith, Truth

Assignments: From readings in text and must see links.

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.   

 Module 9

School Personnel and School District Liability

1. The School as a Safe Place

2. Liability for School Violence

3. Liability of School Personnel

Assignment: From the readings, course web sites and the text, please answer the following:

1. You are the principal of Stevens Middle School, and you receive an anonymous student message detailing that Student X has brought a knife to school and it was in Student X’s locker.  How should you handle this situation?  What is your plan of action and why?

2. As a teacher at Stevens Middle School, you have been notified by one of your students that another student is bullying her.  What is the legally sound procedure for you to follow and why?

Module 10

Personnel and District Liability

1. Torts

2. Negligence

3. Duties of Supervision

4. Educational Malpractice

Assignment: Answer the following:

1. Provide an example of a discipline practice which could be construed as causing mental distress in a student.  Post this assignment to the forum and react to another student’s posting.  Send this assignment in the body of an e-mail to the course professor. 

2. Answer the following based on knowledge that you have gleaned from the course. 

   Three elementary teachers are assigned to supervise their children who are playing on the playground.  There are approximately a hundred children engaged in a number of playground activities.  Since these teachers do not have much opportunity to chat with each other during the school day, all of them decide to bring chairs to the playground and engage in conversation while observing their children.  During this time, one child sustains a serious injury when he is struck by a rock thrown by another student. 

   What is the legal issue in this situation?

   Who is responsible for this incident?

   Can all three teachers be held liable?  Why or Why not?

   How do you think the court will rule in this case? Why?

3. Develop a set of guidelines regarding playground supervision.    

Discuss the standard of care that must be provided as teachers instruct and supervise students.

Student Requirements:

Students are to complete all readings and assignments.  Students are also to post to forums as indicated.  Four forum postings are required: Module 1, Module 3, Module 5, and Module 10.  Assignments are listed in each module outline.  Student assignments are to represent reasoned judgment.

Grading

A = 93-100

B = 85-92

C = 77-84                                   

Proctored Exams:

General Information

For this course, you will be required to complete an online proctored exam.  You, the student, are responsible for locating a qualified proctor to observe you completing this exam.  The proctor can be a colleague, the administrator at a local school, or any approved professional.  The proctor’s contact information and the location where you plan on completing the exam must be submitted to your professor no later than the Module 6 due date for this course.  You and your approved proctor will be required to complete a form verifying that you successfully completed the exam independently.  Some facts about the exam:

• Questions will reflect course content for modules 1-8.

• The content of the questions will reflect the type of assignments you completed in Modules 1-8, so it would be to your advantage to review your assignments prior to the proctored exam.

• This exam is designed to take approximately 2 hours to complete. 

• Question types will include multiple choice, short answer, and essay.

• You will be able to log in to the exam the day after Module 8 assignments are due to your professor.

• Once you log in, the exam will only be available for 2 hours

• During the exam, you may use the course Web site for assistance, as well as other research sites such as Questia that may assist you in successfully completing the exam.

Selecting a Proctor

Your proctor can be a colleague, the administrator at a local school, or any approved professional.  Remember when selecting your proctor that he or she must:

• Be available during a two hour block of time the week of the exam.

• Stay in the room with you during the exam.

• Complete the proctor form.

Your exam location must be a secure location where you will not be interrupted by others.  Suggested locations include:

• Your classroom

• Your school computer lab

• Library

Prior to the Module 4 due date send your professor an e-mail suggesting the name of a possible proctor and proposed location.  In the subject of the email message type PROCTOR  Your e-mail must include the proposed proctor's title, workplace and work e-mail address (if you provide their home e-mail address also, it may be easier to get in touch with them more quickly... but you must provide their work e-mail address).

Your professor will reply to let you know if your proctor selection was approved. 

Taking The Exam

The week prior to the exam, your professor will send your proctor an email with the exam instructions and an Exam Affidavit.

The day after the Module 8 due date, you and your proctor will receive an email with the link to the exam.  You will only be able to access the exam once.  Do not click on the link or attempt to open the Web page until you are ready to begin the exam.

Exam Rules

• The exam is designed to take approximately 2 hours to complete

• Exams submitted more than 2 hours after they are initially accessed will not be accepted (proctors should carefully keep track of time spent on the exam.

• Students who do not propose a suitable exam site and possible proctor will not be allowed to take the exam.

• Students must not communicate with anyone regarding the exam, other than the proctor (or instructor or other designate), either verbally, electronically or otherwise, during the exam.

• The exam must be completed independently.

• Students must not discuss the curricular content of the exam with colleagues from class, either verbally, electronically, or otherwise, until after the final deadline for completion of the exam.

• If technical problems arise such that you are unable to access the on-line exam, notify your proctor at the exam site and get them to e-mail the instructor so that the time limit for the exam may be extended if required.

• The final exam covers Modules 1-8.  It is not a closed book exam, you are free to use the textbook, browse the Internet, and the course Web site.  Because you will be tested on concepts, browsing absolutely does not help those who have not studied, but may be an aid to those who wish to occasionally clarify their thinking.

• Students and proctors may not remove a printed copy of the final exam from the exam site.

•  If the exam is printed during the examination period, the copy must be destroyed by the student or proctor before the student leaves the site of the final exam.

• It is recommended that students who may wish to browse during the exam open 2 copies of the browser during the exam (using one for browsing if necessary, and the other for the exam).

• It is recommended that you "save" frequently during the exam, or write down a few words to help you remember which answer you have chosen for each question in the event that there is a power failure, or you accidentally close the browser window in which you are completing the final exam.

After The Exam

Upon completion of the exam, the student and proctor will complete the Exam Affidavit to verify that the student registered for the course is the student that completed the exam.  Upon completion of the form, it should be faxed or scanned and emailed as an attachment to the Teacher Education University Registrar. 

References:

Case Directory

Key Legal Cases Supreme Court Summaries

Arranged by Date

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

Everson v. Board of Education of Ewing Township, 330 U.S. 1 9 (1947)

McCollum v. Board of Education, 333 U.S. 203 (1948)

Zorach v. Clausen, 343 U.S. 306 (1952)

Engel v. Vitale, 370 U.S. 421 (1962)

Abington School District v. Schempp, 374 U.S. 203 (1963)

Epperson v. Arkansas, 393 U.S. 97 (1968)

Pickering v. Board of Education, 391 U.S. 563 (1968)

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)

Lemon v. Kurtzman, 403 U.S. 602 (1971)

Wisconsin v. Yoder, 406 U.S. 205 (1972)

Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977)

Stone v. Graham, 449 U.S. 39 (1980)

Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853 (1982)

Wallace v. Jaffree, 472 U.S. 38 (1985)

Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)

Edwards v. Aguillard, 428 U.S. 578 (1987)

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Board of Education of Westside Community Schools v. Mergens, 496 U.S. 226 (1990)

Lee v. Weisman, 505 U.S. 577 (1992)

Santa Fe Independent School District v. Doe, 530 U.S.   290 (2000)

Good News Club, et al. v. Milford Central School, 553 U.S. 98 (2001)

Zelman v. Simmons-Harris, 536 U.S. 639 (2002)

Teacher Education University reserves the right to adjust and adapt this syllabus as necessary.