EDAD 509 Syllabus and Course Schedule

Education Administration 509
Public School Law
Summer 2008 – Cohort 14
Fort Worth, Texas - Hickman Building
Waco, Texas - ESC 12

Charles Luke, Ed.D.
Tarleton State University
Office: 940-768-8594
Email: ccaycar69@yahoo.com

Course Description

Constitutional provisions, statutory laws, court decisions, and regulations governing public schools with special reference to Texas and federal relationships.

Required Textbooks

Kemerer, F., Walsh, J. and Maniotis, L. (2005) The Educator’s Guide to Texas School Law, Sixth Ed., Univ. of Texas Press: Austin.

Alexander, K. and Alexander, M.D. (2005) American Public School Law, Sixth Ed., Wadsworth: Belmont, Ca.

Course Objectives

Develop skills for researching legal issues related to the public schools.
Read and comprehend federal and state court cases.
Analyze and discuss legal concepts related to the public schools.
Apply legal concepts to the public school setting.
Critically analyze public school activities for compliance with public school laws.
Discuss the system of public school governance and its relation to the levels of courts.
Demonstrate knowledge of students’ and teachers’ rights guaranteed by the First, Fourth, and Fourteenth Amendments.

Student Learning Outcomes (Texas Test Competencies)

The student will be able to:
Respond to pertinent political, social and economic issues in the internal and external environment. (Domain 1.2).
Model and promote the highest standard of conduct, ethical principles, and integrity in decision-making, actions, and behaviors. (Domain 1.3)
Implement policies and procedures that promote professional educator compliance with The Code of Ethics and Standard Practices for Texas Educators. (Domain 1.3)
Apply knowledge of ethical issues affecting education. (Domain 1.3).
Apply legal guidelines (e.g. in relation to students with disabilities, bilingual education, confidentiality, discrimination) to protect the rights of students and staff and to improve learning opportunities. (Domain 1.3).
Apply laws, policies, and procedures in a fair and reasonable manner. (Domain 1.3).
Implement effective, appropriate, and legal strategies for the recruitment, screening, selection, assignment, induction, development, evaluation, promotion, discipline, and dismissal of campus staff. (Domain 2.6).
Acquire, allocate, and manage human, material, and financial resources according to district policies and campus priorities. (Domain 3.8).
Apply laws and policies to ensure sound financial management in relation to accounts, bidding purchasing, and grants. (Domain 3.9).
Apply local, state, and federal laws and policies to support sound decision-making related to school programs and operations (e.g. student services, food services, health services, transportation). (Domain 3.9).


Assessment of Student Knowledge

Examination of student progress will come in three forms – written examinations, case studies and class participation. All work must be typewritten and follow the American Psychology Association (APA) format.

Examinations

Two comprehensive examinations will be administered. The examinations will cover all content covered during the seminar days, and will include information located in the required texts for the course. The exam will include the following types of questions: multiple choice, short answer, and essay. Other examinations may be given during the course contingent upon the judgment of the professor and/or university requirements.

In addition, on the final examination the student will be expected to know the significance of the following cases:

Brown v. Board of Education San Antonio v. Rodriguez
Wisconsin v. Yoder Goss v. Lopez
Ingraham v. Wright Pierce v. Society of Sisters
West Virginia v. Barnette Civil Order 5281
Bd. of Ed. Of Island Trees v. Pico Tinker v. Des Moines
Hazelwood v. Kuhlmeier Irving ISD v. Tatro
Morse v. Frederick
New Jersey v. TLO Doe v. Taylor
Gebser v. Lago Vista ISD Abington School Dist. v. Schempp
Honig v. Doe Keyes v. School District No. 1
Lemon v. Kurtzman Swann v. Charlotte-Mecklenburg BOE
Lau v. Nichols Santa Fe ISD v. Doe
Edgewood v. Kirby (I-IV) West Orange Cove v. Neeley

Legal Case Study

Group Project: The student will respond to the legal case study provided by the instructor. The response will be typed and will follow APA format. Students are awarded a grade based on the final product of the group.

Individual Blog Project: The student will respond to the legal case study provided by the instructor. The response will be entered on the blog site provided by the instructor. The student will be awarded an individual grade based on this entry.

Class Participation

Class participation and interaction is essential to the success of any graduate course. Class participation is based upon student attendance, student participation in class discussions, and student readiness for class discussions. Student readiness will be determined by the student’s (a) ability to provide input related to previous class discussions, (b) ability to answer questions and participate in discussions on assigned readings, and (c) willingness and ability to include current issues related to school law into class discussions.

Extra Credit

Extra credit options are not available with this class.

Grades

Grades for the course will be distributed according to the following charts:

Exam 1: 200 points
Final Exam : 400 points
Legal Case Study: 200 points
Class Participation: 200 points

A = 900 – 1000 points
B = 800 - 899 points
C = 700 - 799 points
D = 600 - 699 points
F = Below 600 points

Total points available 1,000 points

Academic Honesty

Students are expected to maintain academic integrity at all times. Cheating, plagiarism, or doing work for another person who will receive academic credit is impermissible. This includes the presentation of unacknowledged material as if it were the student’s own work. Academic honesty will be handled as outlined in the Student Handbook, and may result in a severe academic penalty administered by the instructor.

Accommodation Policy

It is the policy of Tarleton State University to comply with the American with Disabilities Act (ADA) and other federal, state, and local laws relative to the provision of disability services. Student with disabilities attending classes at Tarleton State University may contact the TSU Disability Services Office at (254) 968-9480 to request appropriate accommodations. Furthermore, formal accommodation requests cannot be made until the student has been officially admitted to Tarleton State University.

Tentative Course Schedule and Reading Assignments (Subject to Revision)

Session 1 – Sources of Law/Background and History of Public Education

Kemerer – Chapter 1, Appendix A; Alexander – Chapter 2
Ø Cardiff v. Bismarck
Ø Hartzell v. Connell 679 P.2d 35 (1984) Cal. App. 3rd 196

Session 2 – Private Schools/ Public School Attendance

Kemerer – pp. 43-66; Alexander – Chapter 6, pp. 248-287
Ø Pierce v. Society of Sisters*
Ø State of Wisconsin v. Yoder*
Ø In re Interest of Rebekah T.
Ø Murphy v. State of Arkansas
Ø Hubbard v. Buffalo ISD*
Ø Plyler v. Doe*

Session 3 – Student Rights and Safety/Discipline

Kemerer – Chapter 8; pp. 391-414; 361-376; Alexander – 530-536;
Ø Goss v. Lopez*
Ø New Jersey v. TLO*
Ø Gebser v. Lago Vista ISD
Ø Doe v. Taylor*
Ø Ingraham v. Wright*
Ø Honig v. Doe

Session 4 – Church and State Issues

Kemerer – Chapter 7 : Alexander – pp. 168-174; 211-216
Ø Abington School District v. Schempp*
Ø Lemon v. Kurtzman*
Ø Jones v. Clear Creek CISD
Ø Santa Fe v. Doe*
Ø Good News Club v. Milford Central School

Session 5 – Legislative Update/Free Speech and Censorship

Alexander – 366-397; 240-243
Ø Tinker v. Des Moines*
Ø West Virginia v. Barnette
Ø Board of Ed. of Island Trees v. Pico*
Ø Hazelwood v. Kuhlmeier*
Morse v. Frederick*

Session 6 – Desegregation and Discrimination/ Mid-Term Exam

Kemerer – pp. 50-58; Alexander – Chapter 19
Ø Brown v. Board of Education of Topeka*
Ø Keyes v. School District No. 1
Ø Swann v. Charlotte-Mecklenburg Board of Education*
Ø Civil Order 5281*

Session 7 – Instructional Program/Personnel Issues/Legal Case Study Presentations

Kemerer – Chapter 5 ; Alexander – 296-301; 360-361; 525-528
Ø Lau v. Nichols*
Ø Irving ISD v. Tatro*
Ø State ex rel. Andrews v. Webber

Session 8 – School Funding/Legal Case Study Presentations

Kemerer – pp. 34-39; Alexander – 89-91; 945-969
Ø San Antonio v. Rodriguez*
Ø Edgewood v. Kirby (I-IV)*
Ø West Orange Cove ISD v. Alanis
Ø West Orange Cove v. Neeley*

Session 9 – Legal Case Study Presentations/ Final Exam

*Represents a case that may be used to fulfill a blog assignment or a legal case study.