Revised 8/24/2014 Syllabus, EDLD 5344 SCHOOL LAW FALL 1, 2014 The CONCEPTUAL FRAMEW ORK of the Lamar University undergraduate and graduate educator preparation programs illuminates the vision of the faculty. The programs prepare educators for a changing world by requiring as outcomes general education, pedagogical content knowledge, content proficiency, pedagogical strategies, communication skills, values, and analytical abilities. Critical thinking is required for responding to the diverse needs of PK-12 students in myriad and changing settings. Lamar University educator preparation candidates also develop dispositions and habits of mind needed for “self-learning” and “life-long learning” that will equip them to encounter problems and change with confidence. Department: Educational Leadership Course Number: EDLD 5344 Course Title: School Law Faculty: Dr. Jimmy Creel, Assistant Professor Educational Leadership jimmycreel@suddenlink.net Dr. Katy Corcoran, Adjunct Professor Educational Leadership kcorcoran@lamar.edu Course Description This course provides teachers a foundation to understand the legal and policy dimensions of education. Special emphasis is given to the interpretation of case law, Texas Education Code, and federal and state statutes. Recommended Texts The texts below are not REQUIRED for success in this class. They are, however, excellent reference sources for practitioners in the Public School System. Bissonette, A. (2009). Cyber Law: Maximizing safety and minimizing risk in classrooms. Thousand Oaks, CA: Corwin Press. Walsh, J., Kemerer, F., & Maniotis, L. (2010). The Educator's Guide to Texas School Law (7th ed.). Austin: University of Texas Press. Page 1 of 9 Revised 8/24/2014 ASSIGNMENT DEADLINES FOR EDLD 5344 Discussion Assignments: The initial discussion posting each week is due by midnight on Wednesday. Additional responses and feedback to other postings are due by midnight on Sunday. Weekly Assignments are always due by Sunday at midnight. Instructional Associate Contact information will be provided through an e-mail or though the course announcement page. All questions about course activities, assignments, questions, and correspondence should be submitted via email to the Instructional Associate. Do not e-mail assignments and activities to the Instructional Associate. Prerequisites Admission to Graduate School For answers to general questions regarding your program, contact Graduate Admissions at (409) 880-8888 or e-mail: gradmissions@lamar.edu. Pre-Graduate Admissions or Provisional Admission Only six semester hours can be taken prior to FULL admission to Master’s program. FULL admission requires a GRE score. If you are in your second course, you should be submitting your GRE scores during this course, so you can continue to your next course. Also be sure you have submitted transcripts. Required Readings The “recommended” readings for this course are provided in the Course Content Outline section of the Syllabus. All required readings are listed in the Blackboard Weekly Assignment or Discussion Pages. Course Outcomes Learning Outcomes: • Identify and give examples of the four primary sources of law. • Explain appropriate school-governance roles at the federal, state, and local levels. • Describe the legal requirements of a free, appropriate public education. • Examine the relationship between IDEA and NCLB, and outline the Individualized Education Program meeting process. • Explain the concepts of substantive and procedural due process as they relate to student discipline. • Summarize concepts and give examples relating to student and teacher rights to free speech and privacy. • Define the role of due process in personnel management, and identify effective procedures for the documentation and remediation of personnel. • Respond appropriately to both establishment and free exercise issues. • Analyze issues related to school liability based on knowledge of state and federal law. Performance Outcomes: • Ensure that sound practices are followed regarding the identification and accommodation of students in special education. • Apply relevant law to student management situations involving expression rights, search and seizure, and due process rights. • Apply relevant legal principles and contractual agreements to manage personnel, Page 2 of 9 Revised 8/24/2014 including employee remediation and termination. • Use legal knowledge to take sound positions on school liability. Course Standards Great care has been taken to include the content required by the Texas State Board of Educator Certification (SBEC), recommended by national specialty organizations (e.g. NCATE, CEC), and supplemented by Lamar University faculty members. The TExES examinations, where required for certification, reflect standards of this course. Educational Leadership Constituent Council (ELCC) Standards: Standard 3: Candidates who complete the program are educational leaders who have the knowledge and ability to promote the success of all students by managing the organization, operations, and resources in a way that promotes a safe, efficient, and effective learning environment. Standard 3.1: Manage the Organization Standard 3.2: Manage Operations Standard 3.3 Manage Resources Standard 5: Candidates who complete the program are educational leaders who have the knowledge and ability to promote the success of all students by acting with integrity, fairness, and in an ethical manner. Standard 5.1: Acts with Integrity Standard 5.2: Acts Fairly Standard 5.3: Acts Ethically Standard 6: Candidates who complete the program are educational leaders who have the knowledge and ability to promote the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context. Standard 6.1: Understand the Larger Context Standard 6.2: Respond to the Larger Context Standard 6.3: Influencing the Larger Context Classroom Management Policies Academic Honesty. Lamar University strongly believes in ethical behavior. In addition to the knowledge and skills necessary to teach students, dispositions (such as honesty and trust) are important qualities for a successful educator. Academic dishonesty will not be condoned. Disciplinary proceedings will be initiated if academic dishonesty is suspected. Instances of academic dishonesty include, but are not limited to, misrepresentation of actual work completed, using papers or other work written by others to satisfy the requirements for this course, cheating, plagiarizing, or knowingly furnishing false information. Plagiarism includes any instance of copying another’s work without proper citation. Guidelines for direct quotes are found in the APA Style Manual. Such actions are unprofessional and will result in a reasonable penalty and/or automatic failing course grade. If you do not assent to the findings and/or the penalty, you must file an appeal with the department chairperson within five days, as provided by the Student Handbook. Disability Accommodation. It is the policy of Lamar University to accommodate students with disabilities, pursuant to federal and state law, and the University’s commitment to equal educational opportunities. Remember, this is a distance learning class, and the format is different from traditional face-to-face instruction. It is the student’s responsibility to register with Lamar’s Disability Support Services if needed. Any student who feels he/she may need an Page 3 of 9 Revised 8/24/2014 accommodation based on the impact of a disability should contact his/her academic advisor. Drop. It is your responsibility to make sure that you are officially enrolled in this course. If, at any point, you decide not to participate in this course, it is your responsibility to officially drop or withdraw from enrollment. Failure to do so may result in a failing grade. Drops after the course begins may carry financial penalty in that full reimbursement may not be possible. At the middle of the third week, the professor will drop all inactive students from the class and sections. Electronic Communication. It is strongly suggested that you do not attempt any assigned work (to be downloaded or uploaded to/from Black Board) using IPADS or IPHONES. Both systems have considerable problems interfacing with the BB system. Also, in regards to webinars and webinars with PowerPoints, again the IPADS and the IPHONES are losing data. Make sure your browsers are either Firefox or Google Chrome. The Safari browser system is unreliable. E-mail. All e-mail correspondence will be through the my.lamar e-mail system. Please check your email through your my.lamar account daily for correspondence and announcements from your professor and academic coach. It is also wise to check the “Announcement Page” in the Blackboard Course for updates on a daily basis. Electronic Portfolio---ALL STUDENTS MUST PURCHASE TK20 TK20 is the official electronic portfolio software of Lamar University College of Education and Human Development. Program required key assessments, projects, work samples, and dissertation steps are processed, or archived through the TK20 secure portal. All signature assessments will be graded via TK20 by the instructional associate and/or professor. It is the responsibility of each student pursuing any degree or certification as an educator to purchase an account to access and use TK20. The account activation fee is considered a professional expense incurred as a part of an educator preparation program. The user account may be utilized for seven years from the activation date. http://lamar.tk20.com Failure to submit required course artifacts to Tk20 will result in the assignment of an incomplete for the course. Receiving an incomplete in the course may result in a hold on your enrollment in subsequent courses. Emergency Procedures Many types of emergencies can occur on campus; instructions for severe weather or violence/active shooter, fire, or chemical release can be found at: http://www.lamar.edu/about-lu/administration/risk-management/index.html. Following are procedures for the first two: Severe Weather: Follow the directions of the instructor or emergency personnel. Seek shelter in an interior room or hallway on the lowest floor, putting as many walls as possible between you and the outside. If you are in a multi-story building, and you cannot get to the lowest floor, pick a hallway in the Page 4 of 9 Revised 8/24/2014 center of the building. Stay in the center of the room, away from exterior walls, windows, and doors. Violence/Active Shooter (CADD): CALL - 8-3-1-1 from a campus phone (880-8311 from a cell phone). Note: Calling 9-1-1 from either a campus phone or cell phone will contact Beaumont City Police Dispatch rather than University Police. AVOID- If possible, self-evacuate to a safe area outside the building. Follow directions of police officers. DENY- Barricade the door with desks, chairs, bookcases or any other items. Move to a place inside the room where you are not visible. Turn off the lights and remain quiet. Remain there until told by police it is safe. DEFEND- Use chairs, desks, cell phones or whatever is immediately available to distract and/or defend yourself and others from attack. Online Etiquette. Please adhere to the same standards of behavior and professional respect online that you would follow in face-to-face communication with others, but most particularly when writing email and when taking part in the discussion board. The lack of online etiquette may impact your grade. Graduate Admissions Contact Information. For answers to general questions regarding your program, contact Graduate Admissions at (409) 880-8888 or e-mail gradmissions@lamar.edu. Grading and Evaluation Weights for Assignments: The final project for this course includes an analysis of the special education policies in place at your school, the development of a student’s Individualized Education Program, and making legally-sound decisions related to student management and employee documentation. Portions of the assignment are due at the end of each week. The complete, four-part Analysis and Application will be graded after midnight Friday of Week 5. Late assignments All assignments are due as indicated for each week. Work submitted after the deadline is subject to point penalties. Unexcused late work will be deducted at 10% per day. Student Evaluation. Instruction as well as student performance is subject to evaluation. The ethics standards of a professional educator will be reviewed, at all times, during the course, and may impact a student’s grade. Grade Weight: 50% Course Assignments 20% Participation in weekly discussion forum 20% Assignments week two and four 10% Final Examination Grading Scale 90 – 100 A 80 – 89 B 70 – 79 C Below 70 F (Unacceptable for graduate level credit) Page 5 of 9 Revised 8/24/2014 GRADE APPEAL Students should review your posted grade as soon as grades are posted at the end of the course. Any appeal of the posted grade must be submitted via e-mail to the lead professor within three weeks of the date of grade posting. Any appeal submitted more than three weeks after grade posting may be denied or disregarded. My.Lamar Portal. Students are asked to obtain a Lamar Electronic Account user name and password so they can log into the my.lamar W eb site. Students may get information on how to get into the my.lamar Web site through the following links: Go to www.lamar.edu and then click on the my.lamar link on the left top corner of the screen. Follow the steps to secure your my.lamar username and password. The my.lamar portal will be used for e-mail correspondence between the professor and the class. Access to library resources is described under Academic Partnership at home page, www.lamar.edu. Sexual Harassment. In accordance with administrative policy, sexual harassment is reprehensible and will not be tolerated by the university. Behavior in the course must conform to the university policy. Syllabus Subject to Change. While information and assurances are provided, in the course syllabus, it should be understood that content may change in keeping with new research and literature and events beyond the control of the instructor. Students will be informed of any substantive occurrences that will produce syllabus changes. Schedule Course Readings, Assignments, and Discussions Week 1 Topic: Establishment and Control of Schools Assigned Readings: • Hyatt, K.J. (2007). The new IDEA: Changes, concerns, and questions. Intervention in School and Clinic, 42(3), 131-136. • Ketterlin-Geller, L.R., Alonso, J., Brown-Monegan, J., & Tindal, G. (2007). Recommendations for accommodations: Implications of (in)consistency. Remedial and Special Education, 28(4), 194-206. • deBettencourt, L.U. (2002). Understanding the differences between IDEA and Section 504. Teaching Exceptional Children, 34(3), 16-23. • Martinez, R.S., Nellis, L.M., & Prendergast, K.A. (2006). Closing the achievement gap series, part II: Response to intervention (RTI) – Basic elements, practical application, and policy recommendations. Education Policy Brief, 4(8), Center for Evaluation and Education Policy, Indiana University. Assignment: • Complete the W eek 1 assignment, “Analyzing IEP Policies.” • Submit the assignment by the end of W eek 1. • Discussion: • How has NCLB changed the way your school operates? • How do your colleagues feel about the legislation? • What has been the most positive, and most negative, impact that NCLB has had on your school and its teachers? REVISED: FINAL SYLLABUS FOR EDLD 5344 -- 4-6-2014 Page 6 of 9 Revised 8/24/2014 Discussion is due: First response is due Wednesday midnight. Additional responses due by Sunday midnight. Assignments are always due by Sunday midnight Week 2 Topic: Student Rights and School Discipline Assigned Readings: Lombardi, T.P., & Ludlow, B.L. (2004). A short guide to special education due process. Phi Delta Kappa Fastbacks, 523, 6-48. Ross, S.D. (2002). Silenced students: The uncertain but extensive power of school officials to control student expression. Journalism and Mass Communication Quarterly, 79(1), 172-187. Zirkel, P. (2005). Searching students. Principal Leadership, 6(1), 64-68. Assignment: • Complete the W eek 2 assignment, “IEP Development.” • Submit the assignment by the end of W eek 2. • View the recordings or readings of the Week 2 assignments. • Submit the assignment by the end of Week 2. •View the recording at URL: https://lamar.adobeconnect.com/p6mlktb4moa/ •Use the information in the recorded presentation to complete Assignment # 2 ALL ASSIGMENTS ARE DUE BY SUNDAY MIDNIGHT Discussion: • Discuss a scenario you have experienced that has blurred the line between student expression and school safety or discipline. • How did your school handle the situation? • If you have not experienced such a case, think of a fictional situation and use the cases we discussed this week to come to a conclusion about the proper way to react. DISCUSSION: Initial posting is due by Wednesday night at midnight. Follow-up response and/or feedback is due by Sunday night at midnight. Week 3 Topic: Teacher Rights and Personnel Management Assigned Readings: Kersten, T.A., & Israel, M.S. (2005). Teacher evaluation: Principals’ insights and suggestions for improvement. Planning and Changing, 36(1 & 2), 47-67. Roberts, N., & Fossey, R. (2005). Searches and seizures in the school Page 7 of 9 Revised 8/24/2014 workplace: W hat are a teacher’s rights under the fourth amendment? Journal of Personnel Evaluation in Education, 18(1), 79-85. Assignment: • Complete the W eek 3 assignment, “IEP Implementation.” • Submit the assignment by the end of W eek 3. • Discussion: • Based upon this week’s lecture and readings regarding teacher speech and personnel management, how would you approach the problem? Week 4 Topic: School Management Issues Assigned Readings: Epley, G. (2007). The establishment clause and public schools in the 21st century. National Association of Secondary School Principals NASSP Bulletin, 91(3), 181-200. Essex, N. (2004). Confidentiality and student records: Ten ways to invite legal challenges. The Clearing House, 77(3), 111-113. Shariff, S. (2004). Keeping schools out of court: Legally defensible models of leadership. The Education Forum, 68(3), 222-233. Assignment: • Complete the W eek 4 assignment, “Student and Personnel Management.” • EDLD 5344 School Law • 2009 Lamar University Page 8 of 8 • Submit the assignment by the end of W eek 4. • View the recording of Week 4: Cyber Law @ URL: https://lamar.adobeconnect.com/p79zszyrnpf/ • Submit the assignment by the end of W eek 4. Discussion: • Referring to the discussion scenario, how do you go about investigating this student’s claim? • If it turns out that there was an assault, can you or the school be held liable? • What about the teacher who entered and then left the restroom? Week 5 Topic: Law, Ethics, and Leadership Assigned Readings: Kramer, L. (2002). Achieving equitable education through the courts: A comparative analysis of three states. Journal of Law & Education, 31(1), 1-51. Education Writers Association. (2003). Effective superintendents, effective boards: Finding the right fit. Education Writers Association. Retrieved June 15, 2009, from Page 8 of 9 Revised 8/24/2014 http://www.ewa.org/docs/leadership.pdf Assignments: • Complete the Week 5 assignment, “Reflection.” • Submit the assignment by the end of Week 5. • Discussion: • Referring to the discussion scenario, which of these do you feel best represents your view of education’s role in society? • How will you balance these differing views as a school leader? Final Exam: 10% of grade Once the exam is opened, you will have 2 hours to complete it. The exam includes items covered in weeks 1 – 5 lectures, readings, and review slides. NOTES: All URL’s for weekly office hours will be announced by the professors. The Mid-Term exam has been removed. Any reference to this exam may be ignored. Page 9 of 9