EDUCATION 620
SCHOOL LAW
LONGWOOD UNIVERSITY
Summer III 2008
__________________________________________
Instructor: Dr. Gerry R. Sokol, Assistant Professor of Education
Office: 230 Hull Bldg.
Phone: (434) 392 – 5738 (H)
(304) 263 – 8915 (Cell)
e-mail: sokolgr@longwood.edu
Class Time: ON-LINE
Room: Hull 245
Phone Office Hours: M –W- TH 5:00 – 8:00
Or By appointment
_________________________________________
Text:
Imber M., and Van Geel, T. (2000) EDUCATION LAW (3rd ed.). Mahawah, NJ:
Lawrence Erlbaum Associates.
Register for Blackboard
Catalog Description:
A study of laws, regulations, judicial decisions, and constitutional provisions relating to
education. The relationship of legal principles to current problems of school administration in
Virginia is emphasized. (3 credits )
Course Overview:
Nothing is more threatening, demeaning, time consuming, potentially expensive, problematic in
public relations, and mentally draining, than being involved in court cases, grievance
hearings, or some form of litigation. Very often it is the result of a failure of the
educational leader or teacher to communicate, be proactive, or reasonable the
determination of policy or procedures Even though you may be a good teacher or good
leader anyone can bring litigation at anytime for any reason. The purpose of this class is to
provide you with the knowledge base of the law, state statute, or school policy as well
as providing you the foundation to create a school or school division culture of knowledge that
preempts
the conflict that can consume so much mental and physical energy.
This class is designed to investigate those rights and responses to federal and state
statutes with the goal of employing leader behaviors, to ensure that not only rights are
protected but also achieve a balance between the rights necessary to maintain a viable learning
atmosphere for students and a productive work environment for the school employees. With
personnel
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grievances and special education issues occupying much of the school leaders time
special attention will be devoted to cover these two areas.
Knowledge Objectives:
1. The candidate will explain the organization of the United States and Virginia court system.
(ELCC 3.1, 3.3, 5.0, 6.0, I)
2. The candidate will explain the basic concepts of the law related to compulsory education.
(ELCC 4.0, 6.0, I)
3. The candidate will explain the basic concepts of the law related to teacher employment.
(ELCC 5.0, I)
4. The candidate will explain the federal constitutional and statutory rights of teachers.
(ELCC 5.0, 6.0, I)
5. The candidate will explain the legal principles involved with collective bargaining and
teacher contracts. (ELCC 3.0, 5.0, 6.0, I)
6. The candidate will explain the principles of education law as related to torts, educational
neglect and/or educational malpractice.(ELCC 2.0, 3.0,5.0, 6.0, I)
7. The candidate will explain the principles of education law as related to curriculum.
(ELCC 2.0, 3.0, I, )
8. The candidate will explain the concepts of law as related to student free speech rights.
(ELCC 2.0, 3.0, III)
9. The candidate will explain the concepts of law as related to student discipline. (ELCC 2.0,
3.0, 5.0, 6.0, III)
10. The candidate will explain the concepts of law as related to equal education opportunity
with
an emphasis on race and gender. (ELCC 4.0, VI, VIII)
11. The candidate will explain the basic concepts of the law as related to students with special
needs: IDEA, Virginia Special Education Regulation, 504, ADA. (ELCC 2.0, 3.0, 4.0,5.0,
6.0, VIII)
12. The candidate will explain how an education federal laws, state laws, regulations, and
local
school division policies are developed. (ELCC 5.0, 6.0, I, VI, VIII)
13. The candidate will explain how internal and external political systems related to a school
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division exert pressure on the formulation of law and policy development. (ELCC 5.0,
6.0, I,
VI, )
14. The candidate will explain the moral/ethical and political implications of any four current
potentially controversial policies, e.g., gay rights, pregnant students, student dress codes,
teacher dress codes, or offensive student language, contained in a School Board Policy
Manual. (ELCC 5.0, 6.0, I, III, VI, VIII)
15. The candidate will explain the “grievance hearing” procedures for personnel hearings and
disputes mandated by Virginia school law. (ELCC 5.0, 6.0, I, VI, VIII)
16. The candidate will explain appropriate administrative procedures and
administrator relationships for working with local governing boards. (ELCC 6.0, I, IV,
VI)
Skills
1. Demonstrate the ability to interpret a probable school law violation from a case study.
2. Demonstrate the ability to apply school law principles to given scenarios.
Dispositions
It is the intent of the Educational Leadership program to prepare administrators and
supervisors to function effectively in various roles in the schools, including assisting and
empowering SCHOOL LEADERS AS REFELCTIVE LEADERS who excel in the
following areas specified in our NCATE Model.
I. Content Knowledge
II. Planning
III. Learning Climate
IV. Implementation and Management
V. Evaluation/Assessment
VI. Communications
VII. Technology
VIII. Diversity
IX. Professional Disposition
1. Demonstrate an appreciation for the legal system
2. Demonstrate a commitment to the application of law in the education profession.
3. Demonstrate a commitment to act with integrity, fairness, and in an ethical manner.
Non-Content Objectives and Competencies: (CF6)
1. Use appropriate written communication skills.
2. Use appropriate verbal communications in terms of focus and frequency of expression and
appropriate listening skills.
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3. Use appropriate social skills by monitoring their own behavior in terms of rules and social
conduct, hygiene and dress.
4. Use appropriate communication skills in formal and simulated presentations
DATES
July 14
July 15
July 16 - 17
July 18
July 21
July 22
July 23
July 24
July 25 – July 28
July 29
July 30
July 31
ASSIGNED READING AND PROJECT SCHEDULE
TOPICS
ASSIGNMENTS
Course introduction and
Read Chapter 1: Imber
introduce yourself to the class
Understanding Education Law Read Chapter 2: Imber
Amendment Rights
Compulsory Education
Read Chapter 3: Imber
Charter Schools, Vouchers
Home Schooling,
Curriculum
Secularization
Grade & Academics
Students Rights
Read Chapter 4: Imber
Student Free Speech
Equal Access
Student Discipline
Read Chapter 5: Imber
Race & Gender Opportunities
Student Harassment
Remedial & Compensatory
Remedies
Students With Special Needs
& Special Education
Students With Special Needs
& Special Education
Employee Grievances Due
Process Rights
Teacher Rights & Freedoms
Read Chapter 6: Imber
Teacher Employment
Teacher Certification
Teacher Contracts & Tort
Read Chapter 10: Imber
August 1
Final Exam
Note: Chapter 8, School Finance will be omitted.
ASSIGNMENTS:
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Read Chapter 7: Imber
Chapter 7: Imber
Assignment # 1 Due
Read Chapter 9: Imber
Read Chapter 11, 12: Imber
Assignment # 2 Due
Assignment #3 Due
1. Candidates will develop a school law notebook. Candidates will select five (5) school related
areas, such as: (1) special education, (2) student discipline, (3) student dress codes, (4) open
forum, (5) offensive student language/dress. Additional areas can be addressed at the discretion
of the student. The notebook will be divided into the five (5) sections; one for each area. Within
each section, a short description of the school related issues will be addressed, followed by the
court cases and policies that apply to the issue. The reference for each area should list court
case(s), federal and state statutes/codes and school board policies. (ELCC 3.0, 5.0, 6.0)
2. The candidate will write a four page double spaced paper which describes appropriate
administrative procedures that are followed related to State and Federal Statues, State Code, and
Case Law. Interviewing with a school/central office administrator is required. Special Education
candidates may substitute an interview with the Director of Special Education. The focus of the
paper should be the statutory duties performed by the school administrator. (ELCC 3,0, 6.0)
3. The candidate will select a personnel issue, e.g. teacher dismissal, teacher discipline, teachers
responding to student conduct, etc., and write a four page double spaced paper outlining the
procedural steps involved in the Virginia grievance process. The reference should be a school
board policy manual and a court case(s). The paper should provide administrative resolutions at
the various procedural steps. The paper should include procedures implemented that would
preempt a potential grievance of this kind. The candidate must link the topic to specific sections
of a school board policy manual or teachers/employees handbook etc. (ELCC 2.0, 3.0, 5.0, 6.0)
COURSE GRADE:
Class Participation....................................
Assignment #1........................................…
Assignment # 2 ……………....................
Assignment # 3 ……................................
Final…………………………………….
Total=
Grade Scale
A = 90 - 100
B = 80 - 89
C = 70 - 79
F = 69 and below
5%
25%
25%
25%
20%
100%
SUGGESTED ADDITIONAL READINGS:
Alexander, K., and Alexander, D. (2005) American public school law. , (6th ed.). Belmont, CA:
Thomson West.
Essex, N. (2005) School law and the public schools A practice guide for educational leaders, 3rd
ed. Pearson: Boston.
Fisher, L. (et.al.). (1999) Teachers and the law, Addison Wesley Longman:New York
La Morte, M. (2005) School law cases and concepts (8th ed.) Pearson: Boston
Rothstein, L., (2000) Special Education Law (3rd Ed.)., Longman: New York
Thomas, S, Cambron-McCabe N, and McCarthy, M. Public school law teacher’s and student’s
rights 6th ed. Pearson: Boston
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Underwood, J., and Webb, L. (2006) School law for teachers concepts and application. Pearson
Merrill Prentice Hall: Upper Saddle River, NJ.
ATTENDANCE/PARTICIPATION: Because of the instructional format, it is imperative that
candidates respond to blackboard activities and on-line discussions. Candidates are expected to
participate in all class activities. Failure to participate in on-line activities on a regular basis may
impair academic performance and the candidate must assume full responsibility for any loss
incurred because of lack of on-line participation. Since failure to participate in on-line class
activities may impair the educational process as well as academic performance, the instructor will
reduce the final course grade by a letter grade. The professor may require explanations for nonparticipation in on-line class activities and they will decide whether these explanations justify
permitting the candidate to make up the work.
Class Participation and Readings: All candidates are expected to stay abreast of the readings
assignments and to actively participate in discussions on Blackboard.
Special Needs: Any candidate who needs special accommodations from a disability should see
the professor at the beginning of the semester. Any candidate requiring accommodations should
inform the professor and appropriate arrangements will be made.
HONOR CODE: Your dedication to the honor code will be verified by signing your name on all
assignments.
GRADUATE SCHOOL ENROLLMENT: Prospective applicants are allowed to enroll in up
to three credit hours (3 courses) prior to being admitted to a degree or licensure only program and
have those hours apply to the admitted program. Students should submit an Application for
Graduate Admission promptly to avoid having course work in excess of the nine credit hours not
apply once admitted. Application materials are available by contacting the Office of Graduate
Studies (434-395-2707 or graduate@longwood.edu) or on our web site at
www.longwood.edu/graduatestudies/apply.htm.
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Grading Rubric for Written Assignments
Dr. Gerry R. Sokol
All written work must be word-processed, double-spaced, include page numbers, and be stapled
if there are multiple pages. For short assignments the top of the first page must include your
name, course number, section number, assignment title and date. If the assignment is long a
cover page with the same information must be used. Papers that do not follow these guidelines
will be returned ungraded.
For a paper to receive a grade of A+, A, or A-, the difference is a matter of degree, it must
have the following characteristics.
Topic is approached or treated in an original manner
Topic integrates personal experience where relevant
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Reflection and analysis are evident in the writing
Class readings, assignments, discussions, and activities are integrated
Ideas are supported and illustrated in great depth
Writing is very well organized and structured
There are no more than two mechanical errors
For a paper to receive a grade of B+, B, or B-, the difference is a matter of degree, it must
have the following characteristics.
Topic is approached or treated in a somewhat original manner
Topic integrates some personal experience where relevant
Some reflection and analysis is evident in the writing
Some reference is made to class readings, assignments, discussions, and activities.
Ideas are supported and illustrated
Writing is well organized and structured
There are few mechanical errors
For a paper to receive a grade of C+, C, or C-, the difference is a matter of degree, it must
have the following characteristics.
Topic is addressed
Little integration of personal experience where relevant
Little reflection and analysis are evident in the writing
Little mention of class readings, assignments, discussions, and activities
Ideas are stated but not supported and illustrated
Organization is not coherent
There are mechanical errors that detract from the meaning of the writing
For a paper to receive a grade of D or less, the difference is a matter of degree, it must have
the following characteristics.
Topic is not addressed
No integration of personal experience where relevant
No reflection and analysis are evident in the writing
No mention of class readings, assignments, discussions, and activities
Few ideas are stated, no support or illustration
Disorganized
There are many mechanical errors that detract frequently from the meaning of the writing
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