SYLLABUS
for
EDU 7541
Legal Structures and Legal Issues
Pertaining to School Operations
Professor: Dr. Tommye C. Henderson
Semester: Spring 2012
Credit Hours: 3 hours
Box 4009
Clinton, Mississippi 39058
601-925-7768
hender02@mc.edu
EDU 7541
LEGAL STRUCTURES AND LEGAL ISSUES
PERTAINING TO SCHOOL OPERATIONS
COURSE DESCRIPTION:
A study of the interrelationships among federal, judicial, state, and governing structures
that affect the decision and judgment parameters of operating a school district and the
impact of emerging legal issues on future educational policies.
PREREQUISITES:
Admission to the Graduate School to include either an acceptable master’s degree in
school leadership or successful completion of the Program Anchor - Fundamentals of
Effective Leadership (9 semester hours) and completion of other courses in the prescribed
program.
MISSION:
Perhaps the most significant redemptive spiritual symbol of the Christian Church, and
therefore, the Christian College, is the cross. As a distinctly Christian university,
Mississippi College is determined to fulfill its historic mission and its contemporary
mission in such a way as to apply this redemptive symbol through practical and temporal
programs. A very early stated mission for the college is still etched on the entrance and
exit portals: “Enter Here to Increase in Stature, Knowledge, and Wisdom” and “Depart
to Share Your Culture with All Mankind”.
The contemporary mission statements of the university, as well as the School of
Education and the Department of Teacher Education and Leadership, are much more
comprehensive in nature but still adhere to the basic purpose of ministering to society. It
is our contention that “Reflective Practitioners” who are caring and competent and who
are undergirded by Christian principles are excellent examples of program completers
who can effectively personify the intersection of the institution’s historic and
contemporary missions. We believe that placing an image of the cross behind the teacher
education/leadership program model sets a suitable and coherent philosophical
framework for teacher education and leadership at Mississippi College.
The image in the foreground of the model representing the conceptual framework
represents the temporal nature of the teacher education and leadership programs at
Mississippi College. The symbolic architecture suggests that Mississippi College
graduates serve mankind in time, and their ministry is meant to be a beacon in society.
The Mississippi College magazine is The Beacon. We believe that teachers and other
school leaders will become beacons in their communities when they are, in fact,
“competent, caring Christian reflective practitioners”.
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The vision of the educational leadership faculty is to produce the best prepared educational
leaders in the history of Mississippi.
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The vision of Mississippi College is to be a university recognized for academic excellence and
commitment to the cause of Christ.
ACADEMIC INTEGRITY:
The integrity of an educational leader must be beyond reproach. This expectation cannot
be stressed enough. It is expected that a student attending Mississippi College will be
scrupulously honest. Therefore, plagiarism, cheating, or any form of dishonesty, such as
furnishing false information, including forgery, alteration or misuse of college
documents, records, or identification will be regarded as a serious offense subject to a
severe penalty. The penalty may include, but not be limited to, loss of credit and possible
dismissal. These policies are stated in the Graduate School Catalogue. Copies of the
catalogue are available in the Office of Student Affairs, Nelson Hall, Room 212 and are
also available on the Mississippi College web-site.
COURSE VALUES/EXPECTATIONS:
Plagiarism: Presenting someone else’s ideas as your own. You must acknowledge the
author of the research or body of knowledge in your text and in your bibliography.
Ethical Behavior: Required of every student. Class discussion will reveal ethical
policies and procedures.
Diversity: Learning to work with, appreciate, and value the differences in others. You
are expected to show an appreciation for multicultural and gender differences in the
classroom.
Civility: Learning to work together in a civil, tolerant, and respectful manner for each
other and for the professor. Guidelines to follow in oral and written situations include but
are not limited to:
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Show respect for conflicting/differing opinions than your own.
Pay attention when someone else is speaking. Avoid side conversations or other
distracting behaviors during lectures, class discussions, and presentations.
Avoid offensive comments, language, or body language. Presenting your view of
a situation is appropriate when done with respect.
RATIONALE:
Program Anchor II: Fiscal and Legal Controls for Effective Management of Schools has
the emphasis centered upon developing an in-depth knowledge and set of skills and
values within the leader that enables the creation of school/district fiscal and legal
operations which are sound and which provide the resources adequate for fulfilling the
mission of the school/district. The primary goal of this course is to provide a basic
understanding of the legal system as applied to education in order to assist school leaders
in making informed, justified decisions pertaining to district operations. A school leader
must be knowledgeable in legal concepts embodied in the Constitutional Amendments,
procedural and substantive due process, personnel rights, student personnel rights,
contract law, and tort liability.
The following program principles are addressed in this course:
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Effective organizations expect leaders to model the acceptable organizational behaviors expected
of others by sharing their vision. (1.2)
Effective organizations practice shared decision-making. (1.5)
Schools promote acceptance of cultural diversity as a natural state of being. (6.1)
Schools are responsive to the communities in which they exist. (1.5)
Schools provide a safe environment for students, teachers, and others to allow for effective
teaching and learning. (3.1) (3.2)
Schools must appropriately interact with influential political and power structures within the
community. (1.5) (6.2)
Schools must be in compliance with federal, state, and governing agencies. (6.3)
Technology will be used by the professors and students to enhance research, instruction, and
presentations.
LEARNING OBJECTIVES AND OUTCOMES:
This course is designed to enable school leaders to:
A. Identify the federal, state, local, and judicial structures that establish the legal
principles upon which policies, procedures, and regulations are constructed. In order to
evidence this objective, students will be able to:
1. Explain the relationships that exist among the federal, state, local, and
judicial structures that govern the legal aspects of school operations.
(3.2) (6.1)
2. Describe First Amendment rights which regulate religious activities
and practices. (3.2) (6.1)
3. Describe the equal protection rights (14th Amendment) afforded to parents,
students, and employees as interpreted by the judicial system. (3.1) (3.2) (6.1)
4. Analyze the major judicial decisions that have defined the legal parameters
affecting education law at the state and local level. (3.1)
5. Describe the effects of federal agency and state agency regulatory power on
the operating policies and practices of local school boards. (3.2) (6.1)
B. Analyze the specific state statutes, policies, and program regulations that impact
major local school district operating procedures. In order to evidence this objective,
students will be able to:
1. Describe Mississippi laws and state regulations in areas such as residency
requirements, compulsory attendance, accreditation, licensure, textbooks,
transportation, curriculum and instruction, testing, etc. (3.1) (3.2) (6.1)
2. Apply state legal regulations to specific local school issues of operation
and concern. (3.1) (3.2) (6.1)
C. Analyze the specific legal authority of the local school board of education for
establishing policy, procedures, and regulations at the local district level. In order to
evidence this objective, students will be able to:
1. Locate and interpret specific school board policies as needed to make
operational decisions at the local school/district level. (3.1) (4.2) (6.1)
2. Apply local legal regulations relative to personnel issues such as:
employment, non-renewal, dismissal, contracts, duties, and discrimination.
(3.2) (4.2) (5.1) (5.2) (5.3) 6.1)
3. Apply local legal regulations relative to student issues such as:
discipline, corporal punishment, suspension, expulsion, transfers,
searches, drugs, violence, weapons, dress code, extracurricular activities, etc.
(3.2) (4.2) (5.1) (5.2) (5.3) (6.1)
4. Apply legal regulations as required to all personnel, student, and district
records. (3.2) (6.1)
5. Describe the applicable legal restrictions for school board meetings, minutes,
and district information. (3.2) (6.1)
D. Analyze current legal issues of substance that impact governing decisions related to
all aspects of school/district operations. In order to evidence this objective, students will
be able to:
1. Describe the rights and responsibilities of school personnel regarding tort
liability and questions of negligence and defamation. (3.2) (5.1) (5.2) (5.3)
(6.1)
2. Describe the student personnel rights and requirements in cases on child abuse
and neglect and sexual harassment. (3.2) (5.1) (5.2) (5.3) (6.1)
3. Describe the laws, policies, and regulations pertaining to alternative schooling
(private/parochial schools, charter schools, magnet schools, home schooling,
school choice, school vouchers, etc.) (3.2) (5.1) (5.2) (5.3) (6.1)
4. Describe the federal and state laws as applied to special education programs
(PL-94-142 and Section 504 of the Rehabilitation Act of 1973). (3.2) (6.1)
5. Identify the current legal issues by analyzing the professional resources and
literature for impending laws, policies, and regulations that will impact
school operating procedures. (5.1) (5.2) (5.3) (6.1)
COURSE TOPICS:
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Interrelationships among the federal, state, local, and judicial structures with
school districts
Federal educational governance structures, laws, policies, and regulations
State educational governance structures, laws, policies, and regulations
Judicial governance structures and case law impacting education
Local educational governance structures, laws, policies, and regulations
State legal issues impacting school districts:
Accreditation
Licensure
Testing
Compulsory attendance
Curriculum and instruction
Textbooks
Transportation
School food services
Finance
Student legal issues impacting school districts:
Discipline
Corporal punishment
Suspension
Expulsion
Residency requirements
Transfers
Promotion and retention
Searches, drugs, violence, weapons, and harassment
Dress codes, pregnancy, marriage, and extracurricular activities
Records and Family Education Rights and Privacy Act of 1974
Personnel legal issues impacting school districts:
Employment discrimination and hiring practices
Non-renewal and dismissal
Contract and duties
Personnel records
Instructional and grading policies
Sexual harassment
Salary schedules, fringe benefits, and promotion
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Special education law and state regulations
Current legal issues in education
INSTRUCTIONAL PROCEDURES/ACTIVITIES:
A variety of instructional strategies will be utilized during the course to enhance students’
knowledge and skills. Cognitive and affective teaching/learning strategies will be used
and may include: direct instruction, cooperative learning and other group activities, guest
speakers, research, and active class participation. Information relevant to school
organizations and instructional leadership constantly changes; therefore, students will
practice skills in locating and using on-line resources critical to course topics. Students
will also have an opportunity to gain practical experience through problem-based and
problem-centered learning activities.
GRADING SYSTEM:
Mississippi College uses the following grading system for graduate school work:
A reserved for work which is definitely superior in quality
B+ intermediate grade
B work which is consistently good and which manifests sufficient interest, effort,
or originality to lift it above average work
C+ intermediate grade
C average work and shows that basic requirements in class assignments have been met
(work at this level or lower is considered unsatisfactory for graduate students)
D earns credit but is below the standard for graduation
F indicates failure and carries no credit
OTHER INFORMATION:
Class Attendance: Each student is expected to be in class each meeting and on time.
Points will be deducted from the final grade for absences. Any student who misses three
or more classes will not receive credit for the course. Graduate students are to be
commended for pursuing an advanced degree. Before committing to take this class,
carefully consider family, job, and other responsibilities that might affect attendance.
Special Accommodations: Students needing special accommodations due to learning,
physical, psychological, or other disabilities should contact:
Dr. Morgan Bryant, Director
Student Counseling Center
Alumni Hall – Room 4A
601-925-7790
Classroom Expectations:
 Be present, on time, and prepared.
 Actively participate in class activities.
 Turn off cell phones and pagers.
 Respect others and their right to express their opinions and feelings.
 Listen and refrain from talking when others are talking.
 Remove hats or other head gear in class.
 Leave children, family, and friends at home.
Orientation Information for Graduate Students: Graduate students should read the
Graduate Orientation Manual in its entirety. This is an important part of the orientation
for graduate students. A hard copy can be obtained from the Graduate Office in Nelson
Hall 202. You may also view the manual on the web at:
http://www.mc/edu/academics/graduate/graduate/orientation.pdf