755 - Legal Issues

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755 - Legal Issues

EDA 755 - Legal Issues in School Administration

COURSE OBJECTIVE

EDA 755 is designed to provide educators with a working understanding of how the American legal system effect education in order to allow them the become more reflective decision-makers.  After reviewing the sources and types of law, this course examines selected key issues that educational leaders are likely to confront in the day to day operation of schools.

TEXT/REQUIRED READINGS

bulletBuchter, Hastings. Sheeran, & Stype et al. Ohio School Law. West Publishing Co: St. Paul      1999
bulletHandouts as provided

CATALOGUE DESCRIPTION

EDA 755 addresses legal issues pertinent to teacher, administrator, and student legal rights and responsibilities in daily school happenings.  The legal process, structures of the law, legislation/ litigation, and practices to avoid legal infringements are addressed.  Primary emphasis is placed on activities at the building level.

COURSE OBJECTIVES

Aware of the need to build learning communities through critical reflection, EDA 755 provides scholar practitioners with an introduction to how the American legal system impacts on the schools.  More specifically, after completing EDA 755, students should have the following competencies:

Knowledge

Demonstrate an understanding of the sources and types of legal authority; describe the parameters of the legal rights and responsibilities of teachers, administrators, students, and parents; evaluate the legal implications in school program policy planning, goal setting, and evaluation; demonstrate a global, non-discriminatory perspective in issues involving school law.

Skills

Locate and understand appropriate references in the literature and case law pertinent to the rights of all members of the school community; complete a review of one aspect of an aspect of the law that is of concern at the building level; and demonstrate competence in writing, library research, and framing case analyses.

Attitudes/ Values

Demonstrate, through class participation and written assignments, commitments both to fostering respect for the Constitutional rights of all members of the school community and to adhering to the responsibilities flowing from the Constitution; respect the dignity of all persons. 

CLASS REQUIREMENTS

WRITING ASSIGNMENTS

  1. Position paper:  50% of the final grade.
    Please select a legal issue of your choice that impacts on the administration and daily operations of a school in Ohio (more specifically, think of your own school) and prepare a position paper.  That is, assume your principal or superintendent asks your advice over a pressing legal dilemma that requires you to supports or opposes a particular issues such as prayer in schools or the use of metal detectors.  In such a paper you will have to demonstrate a understanding of both sides of the issue before adopting your own position.

    Length:  5 to 7 pages (1250 to 1750 words) typed, double-spaced
    Please clear the topic with me in advance.
     

  2. Policy Statement: 50% of the final grade.
    Educational practitioners regularly encounter new and unanticipated situations.  In light of the need to further hone your skills involving legal reasoning, identify the heart of the issue and through systematic inquiry into the nature of the problem offer well reasoned advice on an appropriate course of action.  As you develop your policy, you would be wise to consider the appropriate use of headings and subheadings.
    Please clear the topic with in advance.

    Suggested steps in preparing a policy:

    1. Identify an area in need of a (new) policy

    2. Gather needed materials (i.e., data)

    3. Study the issue

    4. Draft a policy; include subsections addressing different issues/topics

    5. Disseminate a draft copy

    6. Implement policy

    7. Enforce, evaluate, and revise policy

    Length: 3 to 4 pages (1200 to 1500 words) typed, double spaced (excluding references)

References should follow the APA Publication Manual.

GRADING POLICY 

Writing Assignments are assigned a letter grade and are  converted numerically as follows: 

A+ 98, A 93, A- 91, B+ 88, B 83, B- 81, C+ 78, C 73. No credit will be awarded for assignments that are  not completed.  Note that assignments may be subject to revision and resubmission. 

Final grades averaging 90 and above will receive an A; grades between 89 and 80 will receive a B; grades between 79 and 70 will receive a C; grades between 69 and 60 will receive a D; grades below 60 will receive an F. 

ATTENDANCE POLICY

Students are expected to attend all classes.  Students who have more than three unexcused absences run the risk of having their grade reduced by one grade.  Please try to notify me if you know in advance that you will be missing a class.

CLASS PARTICIPATION

Class participation is not a formal part of your grade, but is greatly encouraged.  It is to your benefit to participate as students who contribute significantly to class discussions will, if necessary, be given the benefit of the doubt to the next higher grade at the end of the semester.  Non‑participation will not hurt your grade, but taking part can help your grade and will help to make the class a more meaningful learning experience.

OFFICE HOURS

My office is located in 114 Chaminade Hall.  If you are on campus, please feel free to stop by at any time that you are on campus, no appointment is necessary.  If it is inconvenient for you to “drop in,” please let me know and we can schedule an appointment at a mutually convenient time.  You can reach me in my office at (937) 229-3722.  You can also reach me by e-mail at: russo@keiko.udayton.edu My home number is (937) 299-6545

As we are off campus, I will try to be here at least 30 minutes prior to the start of class, or earlier by appointment, to discuss any concerns that you might have.

EDA 755
Course Outline / Schedule

Week Topic(s) and Readings
1 Unit 1: Introduction: Equal Educational Opportunities
Read:
 
BHSS 19.1-19.19 (Desegregation)
Handout
 
2 Unit 1:
Unit 2:
Introduction (continued)
Disability
Read: BHSS Chapter 28
Handouts
skim Chapter 29
 
3 Unit 2: Disability (continued)
 
4 Unit 3: Disability (continued)
 
5 TBA
 
6 TBA
 
7 Unit 4: Gender Equity / Sexual Harassment
Read: BHSS 19.20 - 19.25
Handouts
 
8 Unit 5: School Governance, Open Meetings
Read: Skim BHSS Chapter 4-5
Handout
 
9 Unit 5: Student Discipline, Rights, Records, and Supervision
Read: BHSS Chapter 25
10 Unit 5: Student Discipline, Rights, Records, and Supervision (continued)
 
11 Unit 6: Religion in the Schools
Read: BHSS Chapter 32
Handouts
 
12 Unit 8: Employee Rights
Read: BHSS Chapters 8-9
 
13 Unit 8: Employee Rights (continued)
 
14 Unit 7: Concluding Remarks

LEGEND: BHSS refers to Chapters/ sections in Buchter, Hastings. Sheeran, & Stype

WORLD WIDE WEB RESOURCES

The World Wide Web or the Internet is now considered by many as the place to do serious research as it connects one to a variety of sources including multi-media.  The intent of this listing is to offer the school law student an opportunity to begin exploring and finding sites that will assist in learning and understanding the law.

  1. Legal Search Engines
    bullet washlaw.edu - law related sources on the internet.
    bullet www.law.indiana.edu/law/v-lib/states.html - almost everything you want to know about each state
    bullet www.sconet.state.oh.us - Supreme Court of Ohio
    bullet www.westpub.com - Legal research, technical assistance, educational products, etc.
    bullet www.findlaw.com - helps to find any site on the web that is law related
    bullet www.lawcrawler.com - A legal search engine with links to Supreme Court, district courts, federal laws, and documents.
     
  2. U.S. Supreme Court, Federal Courts, and Federal Government Sites
    bullet www.supremecourtus.gov - Official web site of the U.S. Supreme Court
    bullet supct.law.cornell.edu/supct/index.html - Recent decisions of the Supreme Court - also has free e-mail
    publication to distribute the syllabus of the Court's decisions within hours after they are handed down.

    bullet www.lawguru.com/ilawlib/ - The Internet Law Library (formerly The U.S. House of Representatives
    Internet Law Library
    )
    bullet www.uscourts.gov - U.S. Federal Judiciary
    bullet www.americanlawyermedia.com  - Recent legal decisions
    bullet www.whitehouse.gov - The White House
    bullet www.senate.gov - U.S. Senate - site is easy to use
    bullet www.legal.gsa.gov - Fedlaw - links to federal laws and regulations - 61 categories of laws
    bullet www.ed.gov - The U.S. Department of Education
     
  3. Sites for Specific Topics
    1. First Amendment Sites (Grievance, Religion, Assembly, Speech, Press)
      bullet www.splc.org - Student Press Law Center
      bullet www.firstamendmentcenter.org/  - First Amendment
      bullet www.rcfp.org - Reporters' Committee for Freedom of the Press
      bullet w3.trib.com/FACT/index.html - First Amendment
       
    2. Fourth Amendment Sites (Search and Seizure)
      bullet www.illegalsearch.com/searchlinks.htm - a page on a crusade about illegal searches.
       
    3. 14th Amendment (Due Process)
      bullet www.lectlaw.com/def/d080 - Article on due process.
       
    4. Child Abuse
      bullet www.childrensboard.org/links.html#ChildAbuse  - Information about child abuse.
      bullet www.childabuse.org - National Committee to Prevent Child Abuse.
       
    5. Sexual Harassment

       
    6. Student Records (Family Educational Rights and Privacy Act of 1974 - FERPA)

University of Dayton
Department of Educational Leadership
Dayton, Ohio 45469-0534
Last Updated: Thursday, 15 July 2004 - RDS