ARLINGTON BAPTIST COLLEGE

School Law EDU 4308

2010 Fall

TTh 9:30 – 10:45

Alicia Massingill, Professor Office: Chapel #10

Office Hours: 12:30 – 2:30 & by appt

Office: 817 461-8741, Ext. 132 Cell: 817 524- 5901

MISSION STATEMENT

The mission of Arlington Baptist College is to prepare men and women for Christian life and ministries, both lay and professional, through studies in Bible, general education, church vocations, and practical service, integrating faith and learning in a context of a Christian world view.

COURSE DESCRIPTION

This course covers the theory and practical applications for classroom teachers in the areas of constitutional, statutory, and judicial sources of law as applicable to the public schools of Texas. Students will become familiar with the legal concepts related to governance, accountability, special education, discipline, student rights, parental rights, and tort liability.

TEXTBOOK

None

COURSE GOALS

As Professor, I will:

·  Introduce fundamental issues of law and ethics as they apply to the teaching profession

·  Provide to pre-service teachers knowledge of the legal rights and responsibilities of those involved with the operation of schools

·  Provide knowledge of the legal framework of public education

·  Introduce constitutional provisions applicable to education

·  Provide an overview of state legislation that pertains to education

·  Review regulations of the state and federal government that pertain to education

·  Review of litigation that pertains to education

·  Provide information regarding the legal status of teachers

INSTRUCTIONAL GOALS

The student will:

·  Discover how laws affect classroom teachers in their daily performance of duty

·  Understand how various governmental institutions interact with public education

·  Become aware of some of the more important court decisions and explain how these decisions have affected the profession

·  Become familiar with legal terminology

·  Understand how due process interacts with all people not only in personal lives but in our profession lives as well

·  Become aware of habits that will prepare pre-service teachers to serve as professional and reliable educators

·  Recognize modern legal trends and how they impact professional teachers

INSTRUCTIONAL OBJECTIVES

Specifically, upon completion of this course, the student will:

·  Demonstrate a generalized knowledge of the legal and the ethical aspects of educational practice

·  Locate and analyze court decisions and know where to find law as it relates to education

·  Exhibit an understanding of judicial structures at both federal and state levels

·  Identify provisions in the constitution and laws of the United States that impact education

·  Demonstrate and analyze the major legal issues common to all educational systems: educational structure and governance, the role of the courts, students’ rights, teacher and staff rights, personal and district liability, and the rights of the disabled

·  Apply legal principles to daily challenges encountered by the teacher

·  Observe, critique, think, and write with precision appropriate to law-oriented endeavors

ATTENDANCE:

1. Students are expected to attend every class, if possible.

2. Three absences will result in a 10% penalty to your final grade.

3. Automatic failure of the course will occur if you miss more than 25% of the class meetings.

LATE WORK:

1. Work is due at the beginning of class.

2. Late work is due on the class date following the absence. Work turned in after this date will not be graded.

3. Late work incurs a 10% penalty.

EVALUATION CRITERIA

Attendance 100

Writing Requirements: Hypothetical Problems 300

Supreme Court Case Projects 300

Class participation 100

Final Exam 200

Total Points Possible 1000

1000- 930 points: A

929- 850 points: B

849- 760 points: C

759- 700 points: D

Below 700 points: F

BIBLIOGRAPHY

The following list represents sources that may be of value to the student during this course and

during one’s career.

A. Very Helpful Websites

http://www.findlaw.com/ (use this site to access U.S. Supreme Court and circuit

courts of appeals decisions)

http://www.edweek.org/ (a useful site for finding current event articles in education)

http://law:house.gov/1.htm (use this site to access federal laws)

http://www.law.Indiana.edu/law/v-lib/states.html (a good general law-related site)

http://www.usnews.com/ (a useful site for finding current events)

http://www.nea.org (a useful site for finding information regarding a teachers’ union)

http://www.aclu.org/issues/student/hmes.html (a useful site for information regarding

various liberties)

http://www.ed.gov/ (U.S. Department of Education home page)

http://www.c-r-f.org (religious liberty web site)

http://www.Yahoo.com/Government/Law/ (a good basic, law-related directory)

http://www.access.gpo.gov/nara/cfr/index-html (Code of Federal Regulations,

administrative laws or the rules and regulations of various agencies, arranged by subject)

http://www.nara.gov/fedreg/plawcurr.html (United States Statutes at Large, federal

laws arranged chronologically)

B. Contemporary References

Deskbook encyclopedia of American School Law (new edition each year)

Rosemount, Mn: Data Research, Inc.

Fischer, L., Schimmel, D., and Kelly, C. Teachers and the Law (5th

edition).White Plains, NY: Longman Publishing Group.

Imber, M. and Geel, T. Education Law. New York, NY: McGraw-Hill, Inc.

LaMorte, M. School Law: Cases and concepts (5th edition). Needham Heights,

MA: Allyn and Bacon.

O’Reilly, R. and Green, E. School law for the l990's : a handbook. Westport,

CT: Greenwood Press.

Yudof, M., Kirp, D., and Levin, B. Educational Policy and the Law. St. Paul,

MN: West Publishing Co.

C. Classic References

Bolmeier, E. C. (l977) Judicial excerpts governing students and teachers. Michie

Co.

Gatti, R. and Gatti, D. (l983). New encyclopedic dictionary of school law. New

York, NY: Parker Publishing Co.

Hazard, W. (l978). Education and the law: cases and materials on public schools

(2nd ed.).New York, NY: The Free Press.

McCarthy, M. and Cambron-McCabe, N. (l987). Public school law: Teachers’

and students’ rights (2nd ed.). Newton, MA: Allyn and Bacon.

Reutter, E. and Hamilton, R (l976). The law of public education (2nd ed.).New

York, NY: The Foundation Press.

Valente, W. (l987). Law in the schools (2nd ed.). Columbus, OH: Merrill

Publishing Co.

Zirkel, P. and Richardson, S. (l988). A digest of supreme court decisions

affecting education (2nd ed.). Bloomington, IN: Phi Delta Kappa Educational Foundation.

D. Noteworthy Journals

Journal of Law and Education Leadership News

Phi Delta Kappan Educational Leadership

NASSP Bulletin American School Board JournalThe following list represents sources that may be of value to the student during this course and

during one’s career.

A. Very Helpful Websites

http://www.findlaw.com/ (use this site to access U.S. Supreme Court and circuit

courts of appeals decisions)

http://www.edweek.org/ (a useful site for finding current event articles in education)

http://law:house.gov/1.htm (use this site to access federal laws)

http://www.law.Indiana.edu/law/v-lib/states.html (a good general law-related site)

http://www.usnews.com/ (a useful site for finding current events)

http://www.nea.org (a useful site for finding information regarding a teachers’ union)

http://www.aclu.org/issues/student/hmes.html (a useful site for information regarding

various liberties)

http://www.ed.gov/ (U.S. Department of Education home page)

http://www.c-r-f.org (religious liberty web site)

http://www.Yahoo.com/Government/Law/ (a good basic, law-related directory)

http://www.access.gpo.gov/nara/cfr/index-html (Code of Federal Regulations,

administrative laws or the rules and regulations of various agencies, arranged by subject)

http://www.nara.gov/fedreg/plawcurr.html (United States Statutes at Large, federal

laws arranged chronologically)

B. Contemporary References

Deskbook encyclopedia of American School Law (new edition each year)

Rosemount, Mn: Data Research, Inc.

Fischer, L., Schimmel, D., and Kelly, C. Teachers and the Law (5th

edition).White Plains, NY: Longman Publishing Group.

Imber, M. and Geel, T. Education Law. New York, NY: McGraw-Hill, Inc.

LaMorte, M. School Law: Cases and concepts (5th edition). Needham Heights,

MA: Allyn and Bacon.

O’Reilly, R. and Green, E. School law for the l990's : a handbook. Westport,

CT: Greenwood Press.

Yudof, M., Kirp, D., and Levin, B. Educational Policy and the Law. St. Paul,

MN: West Publishing Co.

C. Classic References

Bolmeier, E. C. (l977) Judicial excerpts governing students and teachers. Michie

Co.

Gatti, R. and Gatti, D. (l983). New encyclopedic dictionary of school law. New

York, NY: Parker Publishing Co.

Hazard, W. (l978). Education and the law: cases and materials on public schools

(2nd ed.).New York, NY: The Free Press.

McCarthy, M. and Cambron-McCabe, N. (l987). Public school law: Teachers’

and students’ rights (2nd ed.). Newton, MA: Allyn and Bacon.

Reutter, E. and Hamilton, R (l976). The law of public education (2nd ed.).New

York, NY: The Foundation Press.

Valente, W. (l987). Law in the schools (2nd ed.). Columbus, OH: Merrill

Publishing Co.

Zirkel, P. and Richardson, S. (l988). A digest of supreme court decisions

affecting education (2nd ed.). Bloomington, IN: Phi Delta Kappa Educational Foundation.

D. Noteworthy Journals

Journal of Law and Education Leadership News

Phi Delta Kappan Educational Leadership

NASSP Bulletin American School Board Journal

COURSE CALENDAR

DATE / Topics / WORK DUE
8/26 / Course Introduction
8/31 / What is law? How is the legal system organized?
9/2 / What is the legal status of a school system?
9/7 / How secure is a teacher’s employment? How does collective bargaining affect teachers?
9/9 / When is a teacher liable?
9/14 / How should a teacher deal with child abuse and neglect?
9/16 / What constitutes libel and slander? How does copyright law affect teachers?
9/21 / When can schools restrict freedom of expression?
9/23 / When can schools limit freedom of association?
9/28 / What are a teacher’s due process rights?
9/30 / How free is a teacher’s personal life?
10/5 / Are teachers and students protected against racial discrimination?
10/7 / Are there special rights for students with disabilities?
10/12 / Are there special rights for non-English speaking students?
10/14 / Who controls student records?
10/19 / Must all students go to school?
10/21 / When can schools restrict personal appearance?
10/26 / What are the issues that will face counts in the next decade?
10/28 / Local, state, and federal law regarding Special Education
11/2 / Local, state, and federal law regarding Special Education
11/4 / Local, state, and federal law regarding Special Education
11/9 / Local, state, and federal law regarding ESL
11/11 / Local, state, and federal law regarding ESL
11/16 / Local, state, and federal law regarding ESL
11/18 / Local, state, and federal law regarding 504
11/23 / ACSI Conference
11/25 / Thanksgiving Holiday
11/30 / More on 504
12/2 / Local, state, and federal law regarding G/T
12/7 / TAC Texas Administrative Code
12/9 / TAC )Texas Administrative Code

Week of December 13 Final Exam