Department of Administrative and Instructional Leadership
EDU 5791— Legal Aspects of the Administration of Schools
Location: Marillac 316
Credits: 3
Professor: Olson
Phone: 718-990-5705
Fax: 718-990-2071
Email: olsonj@stjohns.edu
Office: Library 408
Office Hours: by appointment
Dates: Wednesdays at 6:50 pm
COURSE DESCRIPTION
Overview of New York Education Law with an emphasis on constitutional
principles. Analysis of law and interests of individuals and groups in
specific cases through group projects. Classroom and online discussion
of particular importance. Assigned internship activities.
I.
1.
2.
3.
4.
COURSE OBJECTIVES
Refine educational judgment about problems with
acknowledgement of legal implications, particularly based on
individual and group interests.
Review the legal principles most important for public school
administrators and the application of these principles to
specific cases.
Provide an understanding of how law affects educational practice
in public schools.
Learn where to find answers to legal questions.
III. STATE COMPETENCIES
1. Student Support Services, including the provision of services to
students with disabilities (and students who are English
Language learners).
2. Apply statutes and regulations as required by law, and
implement school policies in accordance with law.
3. Exercise professional judgment about problems involving legal
implications.
IV.
1.
2.
COURSE OUTLINE
Legal Authority
Contracts and Collective Bargaining
3. Intentional Torts
4. Negligence
5. Procedural Due Process and Employee and Student Discipline
6. Substantive Due Process and Government Restrictions on Life,
Liberty and Property
7. Religious Freedom: Free Exercise of Religion and Freedom from
Establishment of Religion
8. Freedom of Expression
9. Search and Seizure
10. Discrimination, Equal Protection and Sexual Harassment
V.
COURSE TEXTBOOKS
New York State School Boards Association and New York State Bar
Association. (2008). School Law, 32nd Edition. LexisNexis.
COURSE REQUIREMENTS
In this course you will learn the material about each topic by
1. Engaging in a discussion about the topic based on the text, other
resources and other students’ comments;
2. Either completing a project or commenting on a project; and
3. Applying the material to a specific school through an internship.
Effective Participation
There will be a grade for effective participation. Throughout the semester
students will have the opportunity to participate in group projects and
classroom and online discussions. The participation grade will be equal
to two projects. Every class member will have the opportunity to provide
feedback about the participation of other class members, particularly in
group projects. These responses will be considered in the participation
grade. Students will be required to obtain information from a principal as
part of their internship activities.
Effective participation means that you move the course toward its
objectives. The comments that you make in class and online should be
relevant and meaningful. You should engage other students in pursuit of
the course objectives. You should not lead the class on tangents,
comment, or write just for your own satisfaction. Your online postings
should be grammatically correct with correct spelling. Casual Internet
language is not appropriate for this class because one of the class’s
purposes is to reinforce professional writing. Be sure to review the course
participation rubric.
Expectations
Students are expected to check the Blackboard course page,
announcements, and mail, and St. John’s Central announcements and
email each week. The instructor will respond to Blackboard mail within
48 hours on work days, unless announced otherwise. Students are
expected to be self-reliant in checking the course site and with each
other before checking with the instructor, unless good judgment dictates
otherwise. Projects submitted on time will be graded and returned within
one week of the due date, except during holiday breaks.
Discussion Question
An online posting about each reading assignment will be required, as
well as a follow up comments about other students’ postings. These need
to be substantive, not just general acknowledgements.
Project
Every class member will complete four projects, three on specified topics
and a final comprehensive project. The projects involve analyzing a case
in two ways: for its legality and for its implications for the interests of the
individuals and groups in the chosen school. You are also asked to state
whether you agree with the court’s decision and support your position
using the results of your analyses of legality and implications. For all but
the final project you may choose to work in a group. Educational
administration and instructional leadership primarily involve working in
groups, and learning to deal with the frustrations is an important skill.
The final project must be completed individually. In it you will apply the
frameworks from the entire semester to a particular case. It will be worth
twice as much as the other projects. You will also submit a summary of
the implications of what you have studied based on conversations with
the site supervisor for your chosen school.
Project Comments
To ensure that every student is ready for the individual comprehensive
final project, the students who do not have a project on a topic will
participate in a discussion of the projects after they are done. As part of
these discussions, you are required to post at least one comment of
about 200 words that analyzes the project, identifying the depth,
correctness, insights and important implications, as well as the errors,
inaccuracies and superficialities, and incorporating references to the
readings and previous comments about the project. This needs to be
done in a supportive and constructive manner, as good administrators
and leaders are able to provide constructive feedback. The authors of
each project should also participate in the discussion of their project.
Professor’s Participation
Self-reliance and resourcefulness are important elements of being an
administrator or instructional leader. You should seek answers to
questions and problems in the posted materials and from other class
members before approaching the professor. Good judgment is also
important and sometimes you should approach the professor. Selfreliance also applies to learning the course materials. Students learn
more when they are actively engaged in the process and the professor is
a guide rather than a font of wisdom. The professor will carefully follow
the online discussions and will provide an intermediate and final grade
on class participation, but remain as quiet as possible without letting the
class spend too much time going astray. Experience has shown that
students quickly correct class wanderings and do it more effectively than
the professor, because they don’t dampen the discussion.
Plagiarism
Your work should show clearly what work is original and what work is
taken from another source, with a clear reference to the source. Any
substantial and material work from another source that is not fully and
properly credited will be treated as plagiarism; the assignment will
receive a zero and be referred to the department chair for possible
disciplinary action. Plagiarism is a plague in our society. Educators
should respect academic integrity more than anyone else. The university
honor code also establishes a responsibility to report plagiarism and
other forms of academic dishonesty when they are observed.
INTEGRATED INTERNSHIP ACTIVITIES AND ACADEMIC SERVICE
LEARNING
The internship activities for this course involve reviewing the readings
and discussions with the principal of a chosen school and recommending
modifications in school practice as appropriate. A summary of the
findings and recommendations constitutes one course project.
Combining this with a reflection on the experience satisfies the
requirements for an academic service-learning certificate.
BIBLIOGRAPHIC REFERENCES
United States Constitution, Article I sections 1 and 8, II sections 1 and 3,
III sections 1 and 2, and Amendments I, IV, X, and XIV
New York State Constitution, Articles I and XI
New York Consolidated Law Service, Education Law
State of New York, Department of State (2009). Local Government
Handbook, 6th Edition.
State of New York, Unified Court System (2009). New York State Courts :
An Introductory Guide
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