ADVANCED SCHOOL LAW
A-615 (Summer Session II, 2004)
Purpose
Students enrolled in A-615 are expected to have a working knowledge of school law and the
material covered in A-608 (Legal Perspectives on Education) or a comparable course. At a
minimum, students should be familiar with the content of Public School Law:
Teachers=and Students=Rights, 5th edition (Allyn & Bacon, 2004). A-615 builds on what
was learned in the overview course and is designed for students to complete in depth
research on selected school law topics. In addition to general readings, each student will
conduct research in two areas, one of which will be selected by the student. Both research
projects are described below. The projects should represent approximately 50-100 hours
of work and should reflect mastery of legal research strategies and familiarity with legal
resources.
Individual Research Paper and Oral Report
The written paper (150 points) should entail:

a comprehensive treatment of the topic selected,
a thorough review of relevant legal resources,

thoughtful analysis of implications for schools and changes in legal doctrine, and

consistent use of a recognized citation format.
The oral presentation (50 points) should entail:
 substantive information conveyed in an interesting manner,

creative strategies to involve classmates in a discussion of the topic, and

appropriate use of handouts and other visual aids.
Illustrative Individual Research Projects
1. Select a legal topic and conduct research to identify trends over time, changes in legal
doctrine, and implications for school policies and practices. The analysis should include
appropriate cases, statutory materials, and secondary sources (e.g., law review articles).
An example of this type of project would be the evolving law governing free expression
rights of public school students.
2. Select a topic that has not been addressed by the Supreme Court (or perhaps even by
lower courts) and using legal analogy draw conclusions regarding how the law will evolve
in this area. Cases in related areas should be analyzed and applied to the topic selected.
For example, a project might address the legal status of student-initiated graduation
prayers.
3. Conduct a study of voting behavior of Supreme Court justices in a particular area and
explore implications for future developments as to the legality of school policies/practices.
For example, a project might focus on Supreme Court justices’ positions on the various
tests used to assess employment discrimination claims in public schools under Title VII of
the Civil Rights Act of 1964 and the Fourteenth Amendment.
4. Conduct a field-based project on a legal topic. Such a field project could take a variety
of forms using either qualitative or quantitative methodologies. It might entail a survey of
a sample of school administrators regarding their knowledge of a specific aspect of school
law (e.g., students= rights). Or it could entail an analysis of school policies or practices in a
particular domain (e.g., dealing with sexual harassment allegations). Or it might involve
research pertaining to the impact of a particular law or court decision on various role
groups in public schools (e.g., the impact of the Agostini decision on the provision of
services to children attending parochial schools).
5. Develop an in-service module on a school law topic. A project of this nature would
entail conducting background research on a given topic (e.g., rights of children with
disabilities) and developing a series of activities that could be used with teachers and
administrators for in-service sessions. Activities should include objectives, procedures, and
all materials necessary for implementation (e.g., case scenarios, written background
material for the facilitator, evaluation plan). Instructions for implementing the activities
should be comprehensive enough for individuals with limited legal backgrounds to use the
module.
Collaborative Project/Presentation (100 points)
With your partner(s), conduct research on one of the topics listed below. Use LEXIS, Find
Law, and other resources to locate current cases and commentary. Develop reading
materials for the class (e.g., handouts, Internet resources). These should be made available
to classmates at least one class period prior to your presentation. Lead an hour class
discussion on the topic you selected. Presentations will be graded on accuracy of content,
delivery style, creativity, quality of the class discussion, and usefulness of the reading
materials.
Topics:
Student-initiated religious expression
High stakes standardized testing
Discipline of children with disabilities
Zero tolerance policies
Sexual harassment (employees and students)
Personnel evaluation and dismissal
NCLBA and PL 221 legal issues
School finance equity issues
Title IX litigation
Civil Rights laws
Criminal conduct of school employees
Privacy rights of teachers and administrators
Defamation of school employees and others
Teacher malpractice
School governance legal issues
Teacher rights and responsibilities
Collective bargaining for public employees
Desegregation of students
Duty of parents to provide children education
Other topics approved by instructor
Annotated Bibliography (50 points)
Write a brief annotation of 6 legal articles (as least one article should pertain to each of the
first four topics above). The articles should be from the Journal of Law & Education, the
Education Law Reporter, the Brigham Young University Education and Law Journal, or
law reviews/journals published by schools or colleges of law (almost all law schools publish
a journal). A maximum of three articles should be from a single journal. Each annotation
should have a paragraph summary of the article and a paragraph assessment of the article.
Tentative Schedule
July 9
Introductions and course overview
Instructor’s Lecture: School Liability for Student Injuries
Instructor’s Lecture: Sponsorship of Student Trips: School Liability Issues
July 26
Instructor’s Lecture: Privacy Rights of Students and Employees
Work in teams on collaborative research project
July 27
Duties,
Instructor’s Lecture: School Board Members: Rights, Obligations,
Misdeeds
Instructor’s Lecture: Property Law
Student Presentations of one-page prospectus for the research paper (description of topic
and strategies)
July 28
Instructor Lecture: The Interplay Between HIPAA and FERPA
Student Presentations
July 29
Instructor Lecture: Overtime Obligations: Preventing Lawsuits
Under the Fair
Labor Standards Act
Student Presentations
July 30
Instructor Lecture: Academic Freedom: Teachers Right to
Communicate
Personal Views in the Classroom re Collective Bargaining, Religion, & Morality
Student Presentation
August 2
Instructor Lecture: Civil Rights Laws
Student Presentation
August 3
Instructor Lecture: Indiana Statutes
Student Presentation
August 4
Instructor Lecture: Indiana Statutes
Student Presentation
Presentations of individual research projects
August 5
Student Presentations of individual research projects
August 6
Wrap-up
Written research paper due
Instructor:
Jeff H. Abbott, JD, PhD
E-mail: jabbott@eacs.k12.in.us
Tel: 260-446-0100 (work) 260-615-8830 (cell)
Fax: 260-446-0100
SCHOOL LAW: SELECTED BIBLIOGRAPHY
(A615)
Group I. Case books. In general, these books provide a comprehensive treatment of most school law concepts
and topics. These books are frequently used as texts in school law courses, and they contain a brief discussion
of the legal topics followed by the actual text (abstracted version) of major legal decisions. For a few texts,
there may be a more recent edition than the one listed as available at Indiana University.
Alexander, K., & Alexander, M. D. (2001). American public school law, 5th ed. Belmont, CA:
Thomson/West.
Imber, M., & van Geel, T. (2000). Education law, 2d ed. New York: McGraw-Hill.
LaMorte, M. W. (2002). School law: Cases and concepts, 7th ed. Boston: Pearson.
Morris, A. A. (1989). The constitution and American public education. Durham, NC: Carolina Academic
Press.
Russo, C. (2004). Reutter’s law of public education, 5th ed. Mineola, NY: Foundation.
Valente, W., & Valente, C. (2001). Law in the schools, 5th ed. Columbus, OH: Merrill.
Yudof, M. G., Kirp, D. L., Levin, B., & Moran, R. (2002). Educational policy and the law, 4th ed. St. Paul,
MN: West.
Group II. Expository books. These books also are often used as course texts, and they cover most school law
concepts and topics. While case law is the focus of the books, legal issues are presented through in depth
analyses rather than the actual text of cases.
Essex, N. (1999). School law and the public schools. Boston: Allyn & Bacon.
Hudgins, H. C., & Vacca, R. S. (2003). Law and education: Contemporary issues and court decisions, 6th ed.
New York: Lexis Law Publishing.
Cambron-McCabe, N., McCarthy, M., & Thomas, S. (2004). Public school law: Teachers' and students'
rights, 5th ed. Boston, MA: Allyn and Bacon.
Valente, W. D. (1985). Education law: Public and private, vols. 1 & 2. St. Paul, MN: West.
van Geel, T. (1987). The courts and American education law. Buffalo, NY: Prometheus Books.
Group III. Special topic/audience texts. Books in this section contain an in depth treatment of specific topics
(e.g., special education, health-related issues) or cover a range of topics targeted toward a particular audience
(e.g., school counselors, teachers).
Betz, M. L. (1992). Kindergartner with AIDS and the classroom barrier. Horsham, PA: LRP Publications.
Camp, W. E., Connelly, M. J., Lane, K. E., & Mead, J. (Eds.) (2001). The Principal's Legal handbook, 2d ed.
Dayton, OH: Education Law Association.
Davis, D. (1991). Original intent: Chief Justice Rehnquist and the course of American church/state
relations. Buffalo, NY: Prometheus Books.
Fischer, L, Schimmel, D., & Stellman, L. (2003). Teachers and the law, 6th ed. New York: Longman.
Fischer, L., & Sorenson, G. P. (1991). School law for counselors, psychologists, and social workers, 2d ed.
New York: Longman.
Frels, K., & Horton, J. L. (2003). A documentation system for teacher improvement or termination, 5th ed.
Dayton, OH: Education Law Association.
Gordon, W. M., Russo, C. J., & Miles, A. S. (2002). The law of home schooling. Dayton, OH: Education Law
Association.
Hendrickson, R. M. (1999). The colleges, their constituencies, and the courts, 2d ed. Dayton, OH: Education
Law Association.
Herman, M. A., Huey, W. C., & Remley, T. P. (2003). Ethical and legal issues in school counseling.
Alexandria, VA: American School Counselor Association.
Hyman, R. T. (1999). Mandatory community service in high school: The legal dimension. Dayton, OH:
Education Law Association.
Kelly, K., Partlett, D. F., & Schwartz, V. E. (2001). Prosser, Wade and Schwartz’s Torts: Cases and
Materials, 10th ed. Mineola, NY: Foundation.
Kirp, D. L. (1984). Just schools: The idea of racial equality in American education. Berkeley, CA:
University of California Press.
Kluger, R. (1976). Simple justice: The history of Brown v. Board of Education and black America's struggle
for equality. New York, NY: Alfred A. Knopf.
Lewis, J. F., James, R. J., Hastings, S. C., & Ford, J. F. (1992). Drug and alcohol abuse in the schools: A
practical guide for administrators and educators for combating drug and alcohol abuse. Dayton, OH:
Education Law Association.
Mawdsley, R. D. (2000). Legal problems of religious and private schools, 4th ed. Dayton, OH: Education Law
Association.
Mawdsley A. L. & Mawdsley, R. D. (1994). Academic misconduct: Cheating and plagiarism. Dayton, OH:
Education Law Association.
Osborne, A. G. (1997). Disciplinary options for students with disabilities. Dayton, OH: Education Law
Association.
Osborne, A. G., & Russo, C. J. (2003). Special education and the law: A guide for practitioners. Thousand
Oaks, CA: Corwin Press.
Rossow, L. F., & Parkinson, J. R. (1999). The law of student expulsions and suspensions, 2d ed. Dayton, OH:
Education Law Association.
Rossow, L. F., & Tate, J. O. (2002). The law of teacher evaluation. Dayton, OH: Education Law Association.
Rothstein, L. F. (2000). Special education law, 3rd ed. New York, NY: Longman.
Welker, M. J., & Pell, S. W. (1992). The formulation of AIDS policies: Legal considerations for schools.
Dayton, OH: Education Law Association.
Zirkel, P. A. (1996). The law of teacher evaluation: A self-assessment handbook. Dayton, OH: Education
Law Association.
Group IV. General books. These books provide contextual information on the evolution of the law in our
nation, the judicial role in influencing social policy, and/or the impact of the courts on educational practices.
Blasi, V. (Ed.) (1983). The Burger court: The counter-revolution that wasn't. New Haven, CT: Yale
University Press.
Cardozo, B. N. (1921). The nature of the judicial process. New Haven: Yale University Press.
Fisher, L. (2001). American constitutional law, 4th ed. Durham, NC: Carolina Academic Press.
Fuller, L. L. (1969). The morality of law. New Haven: Yale University Press.
Hogan, J. (1985). The schools, the courts, and the public interest, 2d ed. Lexington, MA: Lexington Books.
Horowitz, D. (1977). The courts and social policy. Washington, DC: Brookings Institution.
Johnson, C. A., & Canon, B. C. (1984). Judicial policies: Implementation and impact. Washington, DC:
Congressional Quarterly Press.
Kirp, D. L., & Jensen, D. N. (1986). School days, rule days. London: Falmer.
Levi, E. H. (1949). An introduction to legal reasoning. Chicago: University of Chicago Press [originally
published in The University of Chicago Law Review, 15, 501-574 (1948)].
Mill, J. S. (1901). On liberty (1859). London: Walter Scott.
Rawls, J. (1971). A theory of justice. Cambridge, MA: Harvard University Press.
Tribe, L. H. (2000). American constitutional law, 3rd ed. Mineola, NY: Foundation.
Tyack, D., James, T., & Benauot, A. (1987). Law and the shaping of public education, 1785-1954. Madison,
WI: University of Wisconsin Press.
Wise, A. E. (1979). Legislated learning: The bureaucratization of American education. Berkeley, CA:
University of California Press.
Woodward, B., & Armstrong, S. (1979). The brethren: Inside the supreme court. New York: Simon and
Shuster.
Yudof, M. G. (1983). When government speaks: Politics, law, and government expression in America.
Berkeley, CA: University of California Press.
Group V. Reference materials and other resources. These publications are important sources for researching
particular areas of the law or for keeping up-to-date on specific legal issues. Included are selected reference
materials and research tools for use in locating primary and secondary sources.
A. Reference materials
American jurisprudence (encyclopedia). Rochester, NY: Lawyers Cooperative.
American law reports (annotations). Rochester, NY: Lawyers Cooperative.
Black's law dictionary. St. Paul, MN: West.
BYU Education and Law Journal. Brigham Young University.
Corpus juris secundum (encyclopedia). St. Paul, MN: West.
Education Law Reporter. St. Paul, MN: West.
Education Law Quarterly. St. Paul, MN: West.
Education Week. Washington, DC: Editorial Projects in Education.
Individuals with Disabilities Education Law Report. Horsham, PA: LRP Publications.
Journal of Law and Education. Washington, DC: Jefferson Law Book.
ELA School Law Reporter. Dayton, OH: Education Law Association.
School Law News. Washington, DC: Capitol Publications.
The yearbook of education law. Dayton, OH: Education Law Association.
B. Research tools (also see the list of A615 web sites)
American Digest System. St. Paul, MN: West.
Education Law Association, ELA Notes.
Index to Legal Periodicals. New York: H. W. Wilson.
LEXIS/NEXIS data base. Dayton, OH: Mead Data Central.
Shepard's Citations. Colorado Springs, CO: Shepard's/McGraw-Hill.
WESTLAW data base. St Paul, MN: West.