SYLLABUS COVER SHEET
1.
Course number, name and credit hours
EDU 562 SCHOOL LAW
2.
Professor(s) name(s)
Joseph McSparran
3.
Method(s) of teaching
Lecture-Discussion
Group work
Group simulations
Reciprocal teaching
4.
Course requirements
Individual and group simulations
Case studies
Group projects
5.
Assessment
Assessment of each graduate student’s level of accomplishment with reference to the
course objectives will be based upon a subset of the following:
Textbook reading assignments
Active participation in class and in discussions
Midterm examination
Course project on school law
Reaction papers on legal issues
Final examination
6.
Attendance/Participation (Optional)
Regular class attendance, participation in class and best effort on activities and
assignments are essential to success in the course.
7.
Textbook, required readings
Essex, N. (2005). School Law and the Public Schools: A practical Guide for Educational
Leaders (3rd ed.). Boston: Pearson.
COMMONWEALTH OF PENNSYLVANIA
KUTZTOWN UNIVERSITY
Kutztown, Pennsylvania
EDU 562
SCHOOL LAW
SYLLABUS
I.
Course Description:
Educational policy has been greatly influenced by the courts and by lawmakers at all
levels. The law is not static and is continually evolving. This course will focus on the
sources of law under which educational policy is developed and implemented, analyze
basic legal concepts that are being applied to educational questions, interpret topics which
have a direct impact on educators and students and reflect on the law and the
responsibilities that accompany legal rights. 3 ch. 3 sh.
II.
Rationale:
Teachers have always been expected to conduct themselves in a legally defensible
manner and to promote similar behavior in their students. They have added leadership
responsibilities to their role in schools through school improvement efforts known by
various names, including restructuring, teacher empowerment, school-based decision
making. An understanding of educational policy is more immediate for teachers than
ever before.
This course will allow teachers to understand legal principles applied to their school,
students, and themselves. The analysis of specific school situations including student and
teacher rights and responsibilities and school funding is based upon constitutional and
statutory law and judicial interpretations of these provisions.
III.
Course Objectives:
Upon completion of the course, students will be able to:
IV.
1.
describe and interpret historically the sovereign power of the state to control
public education;
2.
recognize and describe and interpret historically the protected personal freedoms
of students and teachers and parents;
3.
recognize and interpret historically the inherent personal right of selected
individuals and groups to remain free from governmental discrimination;
4.
recognize and interpret and develop historically the notion of due process as a
basic tenet of the United States system of justice;
5.
identify and describe federal and state constitutional and statutory provisions and
school board policies that affect the role of teacher;
6.
describe sources of law and the court system.
Course Content:
A.
Legal framework of public education, sources of law and the courts.
1.
Federal level, including the constitution, amendments, statutes, case law,
orders and opinions.
2.
State level, including state constitutions, statutes, state board of education.
3.
Local level, including school board policies, individual school’s rules and
regulations.
B.
Schools and the state, including compulsory attendance, religion in the schools,
facilities.
C.
Students and the law.
1.
Freedom of expression.
2.
Suspension, expulsion, discipline, punishment.
3.
Search of students and lockers.
4.
Dress and grooming.
5.
Education of individuals with disabilities, classification practices, equal
opportunity.
6.
Participation in extracurricular activities.
7.
Due Process.
D.
Teachers and the law.
1.
Dismissal.
2.
Freedom of expression.
3.
Academic freedom.
4.
Freedom of association.
5.
Personal appearance.
6.
Privacy rights.
7.
Employment discrimination.
8.
Collective bargaining.
9.
Due Process.
E.
School desegregation.
F.
School finance issues, including finance reform, choice.
G.
Educator and school district liability.
Instructional Resources
Alexander, K., and Alexander, M. (1998). American Public School Law. Belmont, CA:
Wadsworth.
Alexander, K., and Alexander, M. (1995). The Law of Schools, Students and Teachers in a
Nutshell. St. Paul, MN.: West Publishing Company.
Banks, J. and Banks, C. (Eds.) (1989). Multicultural Education: Issues and Perspectives.
Boston: Allyn and Bacon.
Buss, W. (1971). Procedural Due Process for School Discipline: Probing the Constitutional
Outline. University of Pennsylvania Law Review 119, 545-641.
Cox, H. (1995, November). The Warring Visions of the Religious Right. Atlantic Monthly, 5969.
Essex, N. (2005). School law and the public schools: a practical guide for educational leaders.
(3rd ed.). Boston: Pearson.
Finis, J. (1981). Natural Law and Natural Rights. Oxford: Clarendon Press.
Hogue, A. (1966). Origins of the Common Law. Bloomington: Indiana University Press.
La Morte, M. (1999) School Law Cases and Concepts. (6th ed.) Needham Heights, MA: Allyn
and Bacon.
Leuy, L. (1986). The Established Clause, Religion and the First Amendment. New York:
Macmillan Publishing Company.
Leuy, L. (1988). Original Intent and the Framers’ Constitution. New York: Macmillan
Publishing Company.
McCarthy, M., and Cambron-McCabe, N., and Thomas, S. (1998). Public School Law.
Needham Heights, MA: Allyn and Bacon
Pennsylvania School Law Handbook (1983). Harrisburg: Pennsylvania School Boards
Association.
Roe, L., Morphet, E., and Alexander, K. (1983). The Economics and Financing of Education.
Englewood Cliffs, NJ: Prentice Hall.
Rothstein, L. (1990). Special Education Law. New York: Longman.
Instructional Resources
(Continued)
Salome, R. (1986). Equal Education Under Law. New York: St. Martin’s Press.
Zerkel, P., and Richardson, S. (1988). A Digest of Supreme Court Decisions Affecting
Education. Bloomington: Phi Delta Kappa Educational Foundation.
Zerkel, P. “Courtside.” Phi Delta Kappan (A regular feature on legal issues and the schools.)