Marilyn Gardner, Lawyer in Milton, Massachusettes, presents on the foundational structure of advanced law school collaborative sessions.

1. Collaborate Session 1
Welcome
EDD 8434
Advanced School
Law

2. EDD 8434
Advanced School Law
Agenda
Microphone Check
Post Autobiographical Sketch
Collaborate Participation if miss: 7 days to submit brief overview from
archive- 5 Points (June 9th
and July 14th)
Course Goals and Suggestions
What do “A” Students do Right?
Syllabus (Class Participation, Late Assignments, etc.)
Week #1 Chapter 1 Outline
Week #2 Religion in Public School Cases
Week #3 Briefing Cases
Overview Future Assignments

3. Required Texts/ Presentation
References & Resources
Nathan L. Essex, School
Law and the Public
Schools: A Practical
Guide for Educational
Leaders (5TH
ed.)

4. Marilyn Gardner, Ph.D., J.D.
Professional
Profile

5. Professional Profile
Career Path
Academic
Degrees
My Personal
Interests/

6. Week #1 Resources
➢ Syllabus
➢ Welcome Letter
➢ Course Assignment Due Dates
➢ Introduction Bio and CV
(Please share your own in
BlackBoard and get to know
your classmates)
➢ Assignment Cover Sheet
Sample
➢ Chapter 1 Essex PowerPoint
➢ Chart of PowerPoints and Study
Guides

7. How to Access Course Resources on
BlackBoard?
Study Guides, Essex
PowerPoints and Course
PowerPoints!
Week 1, Week 2, ……Week
14
Do not forget to cite the
Course Resources on your
Reference Pages

8. How to cite Course Resources?
• PowerPoints
Roberts, K. F. (1998).
Federal regulations of
chemicals in the
environment
[PowerPoint slides].
Retrieved from URL.

9. Lecture Notes or Study Guides
Brown, P. (2004).
Marketing:
MKTG200-04B
[Lecture
notes]. Hamilton, New
Zealand: University of
Waikato, Department
of Marketing.

10. Advanced School Law
Questions

11. Advanced School Law
My Goals for
You!

12. Course Goals
• School-related litigation
• Implication of court
rulings for school leaders,
teachers, and students
• Examine federal/state laws
apply to school districts
• Support you in dealing in
legally defensible ways

13. Course Goals
• Provide knowledge,
skills and disposition
to remain current.
• Equip knowledge
positively and
ethically impact lives
of personnel for whom
responsible.

14. Assignments & Grades
• 1. Fundamental Legal Terms 5
• 2. Impact of Religion 5
• 3. Brief 5 Cases 5
• 4. Due Process & Safe Schools 5
• 5. Principles of Special Ed 10
• 6. Current Legal Perspectives 5
• 7. 504 & ADA 5

15. Assignments & Grades, cont.
• 9. Supervisor Interview 5
• 10. Common Core 5
• 12. Presentation Project 20
• 14. Final Review/Exam 25
• 15. Collaborate Sessions 5
100

16. Grades
91 – 100 = A
86 - 90 = B+
80 - 85= B
F = NO CREDIT
I =INCOMPLETE

17. Grades (5 point scale)
• 5.0 100%
• 4.9 98%
• 4.8 96%
• 4.7 94%
• 4.6 92%
• 4.5 90%
• 4.4 88%
• 4.3 86%
• 4.2 84%
• 4.1 82%
• 4.0 80%
• 3.9 78%
• 3.8 76%
• 3.7 74%
• 3.6 72%
• 3.5 70%

18. Course Overview
➢ Settling in with course format/expectations (3-4
weeks)
➢ Read Syllabus Carefully
➢ Proofread Carefully
➢ Covers/Reference Pages (APA)
➢ Essex is initial resource/you must research
➢ Re-Submits (Sorry, will not be accepted)
➢ Late Assignments (Sorry, will not be accepted)

19. Why No Late Assignments?
Not fair to classmates, who experiencing extenuating
circumstances and busy lives, to allow submission
Access to entire syllabus, if know busy week in the future
work on the assignment now.
Submit early on Sundays so do not run into technical
problems.
Very, very rarely do I accept a late assignment and only with
notice (not the day it is due). Even if accepted late it will
be substantially downgraded.
Grades are important/Everyone is on an equal footing
I hope you understand!

20. Course Overview
➢ International Students
➢ Plagiarism (no group work)/Cite
Everything/Minimal Cut and Paste
➢ I really, really care about your grade!
Overview of grading process.
➢ Forgive BlackBoard on Formatting Emails
and Assignment Comments
➢ What prior students say about EDD 8434?

21. Advanced School Law
Questions

22. What are the “A” students doing right?”
➢ Citing cases to support their arguments.
➢ Using more than Essex as Source – ensures a
correct, complete, and accurate response
➢ “Circling Back Around” to delineate why the
cases/Acts prove argument.
➢ Don’t just “state” the law/what does it have to do
with the question! “More is better.”
➢ Use (and cite) the Assignment Resources (found
under each Assignment week on BlackBoard)
➢ Proofreading

23. ➢ Don’t explain cases/hit and run/what was the
ruling and why it supports your decision?
➢ Read the syllabus and follow instructions (if it
says use other sources or 3 pages, etc., it means it)
➢ Checking email/class site 3 times a week
➢ I access student course statistics
➢ Reflect on Past Assignment Comments
➢ Attend/Listen to Archived Elluminate Sessions
What do the “A” Students do
Right?

24. Assignment Suggestions
If you are
unsure or
confused
contact me!

25. Assignment Due Dates
Assignment Points Due Week Drop Box Dates
Fundamental legal terms and structures5 1 May 12-18
Impact of Religion on Schooling 5 2 May 19-25
Brief Five Significant Cases 5 3 May 26-June 1
Due Process and Safe Schools 5 4 June 2-8
Principles of Special Ed Law 10 5 June 9-15

26. PowerPoint and Study Guide Chart
PowerPoints/Articles
Week 1
▪ Essex Chapter 1: Legal
Framework PP
Week 2
▪ Essex Chapter 2: Religion in
Public Schools PP
Study Guides
Week 2
▪ Study Guide #2

27. Week #1
• Biography (Post, Read and Respond)
• Outline/Single-Spaced /Minimum 3 Pages (sample
in Week 1 handouts)
• Respond to 11 Questions
• Federal Circuit Court
• Cover and Reference Pages (Essex)
• Enough information for readers to gain an
understanding of topic
• Grades will be Posted
• Please Always, Always Read Comments

28. Federal Circuit Map
www.uscourts.gov/courtlinks/

29. Legal Clips
Subscribe to Legal Clips: National School
Board Association
• Subscribe weekly Legal Clips e-newsletter.
• Delivered every Thursday.
• Visit Legal Clips website:
www.legalclips.nsba.org

30. Legal Clips
• Review Legal Clips Weeks 2-6.
• Week 6 Assignment: identify one school
law story from Legal Clips from Week 2-6.
• Synopsis Legal Clips
• See Week #6 Assignment Description

31. Advanced School Law
Questions

32. Week 2
Religion and the Public Schools
(Topics Covered)
• School-Sponsored Prayer
• School-Sponsored Bible
Reading
• Silent Prayer and
Meditation
• Aid to Parochial Schools
• Religious Symbols
• Religious Displays
• Posting of Ten
Commandments

33. Week 2
Religion and the Public Schools
(Topics Covered)
• Posting Religious Mottos and
Expressions
• Prayer at School Events
• Student led prayer at public
school events
• Prayer at athletic contests
• Voluntary prayer at
commencement
exercises
• Prayer at School Board
meetings

34. Legal significance of the following
cases?
• Pierce v. Society of Sisters
• West Virginia v. Barnette
• Everson v. Board of
Education
• Zorach v. Clauson
• Engel v. Vitale
• Abington School District
v. Schempp

35. Legal significance of the following
cases?
• Epperson v. Arkansas
• Stone v. Graham
• Santa Fe I. S. D. v.
Doe
• Good News Club v.
Milford Central
School
• Zelman v.
Simmons-Harris

36. Week #2 Assignment
Do not forget to:
• Copy and paste 12 questions (bold) into MS Word
document
• Single space/ type answer to each question under question
• Minimum of three sentences
• Expound upon the case and related case law and rulings.
• References cited on a separate Reference Page at the end
of the assignment using APA standards.
• Candidates describe legal significance of the cases
• Use more than Essex************ (Legal Sites under
Week # 3 - will also email)
• Cover Page and Proofread

37. Week 3
Students, the Law and Public Schools
(Topics Covered)
• Freedom of Expression
– Protests and demonstrations
– School-sponsored
newspapers
– Non-school sponsored
newspapers
– Censorship
– Dress and Appearance
– Health and safety issues
– Controversial slogans

38. Week 3
Students, the Law and Public Schools
(Topics Covered)
• Search and Seizure
• Reasonable Suspicion
• Student desks
• Student lockers
• Book bags
• Automobiles
• Personal searches
• Strip searches
• Involvement of law
Enforcement Officials
• Use of Canines

39. Week 3
Students, the Law and Public Schools
(Topics Covered)
• Use of Pagers, Cellular
Phones and Personal
Digital Assistants
• Corporal Punishment
– Reasonable
punishment
– Minimal due process
– Excessive punishment

40. Week 3
Students, the Law and Public Schools
(Topics Covered)
• Due Process
• Procedural Due
process
– Substantive due
process
– Vagueness Doctrine
and Presumption
Standard

41. Week 3
Students, the Law and Public Schools
(Topics Covered)
• School Suspension
• Expulsion
• Student Discipline for
Off-campus Behavior
• Child Abuse
• Pregnant Students
• Married Students
• Classroom Harassment
– The Supreme Court’s
Decision/Dissenting
Opinion

42. Brief 5 Supreme Court Cases
a. Carey v. Piphus, 435
U.S. 247 (1978);
b. Goss v. Lopez, 419 U.S.
565 (1975);
c. Tinker v. Des Moines, 393
U.S. (1969);
d. Lemon v. Kurtzman, 403
U.S. (1971); and
e. Ingraham v. Wright, 430
U.S. 651 (1977).

43. BRIEF A CASE
• 1. What is a brief?
A summary of court’s opinion.
• 2. What are common elements of a court decision?
i. Name of the Case
ii. Year in which it was decided
iii. Appellant’s contention
iv. Appelles's defense
v. Procedures by which case reached court
vi. The facts giving rise to the case
vii. The ruling of the court
viii. The court’s rationale for the ruling
ix. Final disposition of the issue.

44. SUPREME COURT OF THE UNITED STATES
Brown v. Board of Education, 347 U.S. 483 (1954)
347 U.S. 483
Argued December 9, 1952
Reargued December 8, 1953
Decided May 17, 1954
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF KANSAS*

45. U.S. SUPREME COURT
DECISIONS
• Brown v. Board of
Education
• 347 U.S. 483 (1954)
• CASE NAME in
ITALICS
• 347 is the Volume
Number
• U.S. is United States
Reporter (Official Report of
Supreme Court Decisions)
• 483 is page number
• 1954 – Year decision
was rendered.

46. WHICH SEARCH ENGINE/WEBSITES?
Websites
U.S. Supreme Court Media website
www.oyez.org
Cornell Law School: www.law.cornell.edu
Find Law: http://caselaw.lp.findlaw.com

47. FORMAT FOR BRIEF
CASE # 1
• Citation: Perry Education Association v. Perry
Local Education Association, 460 U.S. 37 (1983)
• Argued: October 13, 1982
• Date Decided: February 23, 1983

48. The Vote
• Vote:5-4: Preferential access to a
school mail system does not violate
the First Amendment and the
differential access afforded rival
unions does not constitute
impermissible content
discrimination

49. Facts of Case
• Facts of Case: A union was elected as the exclusive
bargaining agent for the teachers of a school district.
Per its collective bargaining agreement with the
school board, only the representative union…….
• Legal Principles at Issue: Whether the denial of equal
access to an internal mail system within a school
district to representative and rival unions violated the
First Amendment and the equal protection clauses of
the 14th Amendment.

50. Legal Basis for Decision
• Legal Basis for Decision: The Court adopted a three-part
framework to evaluate different types of government-owned
property. In traditional public forums, “places which by long
tradition or by government fiat have been devoted to assembly and
debate,” the rights of a state to limit expressive activity are more
closely scrutinized. In such forums, ……….
• Quotable: “The existence of a right of access to public
property and the standard by which limitations upon
such a right must be evaluated differ depending on the
character of the property at issue.”

51. WHO VOTED?
• Writing for the Majority: Justice White
delivered the opinion of the court in which
Burger, C.J., Blackmun, Rehnquist, and
O’Connor, J.J., joined.
• Writing dissenting opinion(s): Justice
Brennan filed a dissenting opinion in
which Marshall, Powell and Stevens, J.J.,
joined.

52. Source
Source(s):
• Oyez Project: U.S. Supreme Court Media website. The
Oyez Project, Goss v. Lopez, 419 U.S. 565 (1975).
Retrieved at
http://oyez.org/cases/1970-1979/1974/1974_73_898
• The U.S. Supreme Court Justia website. Carey v. Piphus,
435 U.S. 247 (1978). Retrieved from:
http://supreme.justia.com/us/435/247/case.html

53. Weeks 1-3
Questions

54. Future Assignments
Special Needs
Summaries 504 &
ADA
Supervisor Interview
Common Core
Final Presentation
Final Review/Exam

55. Supervisor Interview
Week 9
1. Make an
appointment
2. Submit your list of
questions
3. Interview
Supervisor
4. Follow Format and
Write Paper

56. FINAL PRESENTATION (PowerPoint)
• Select topic interesting
to you, or
• Explain a law or law
to school/district.
• Get prior approval.
• Develop PowerPoint
Presentation
• Use visuals & custom
animation

57. Final Review Exam
1. Identification
Questions
2. Case Scenarios &
Brief Essays
May use text, other books, and
Internet.
Cannot work together

58. Advanced School Law
Questions?

59. Advanced School Law
Final Thoughts

60. EDD 8434
Advanced School Law
Thank You
Please Let Me Know How I Can Be of Help!
This Collaborate Session Will be Archived.