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 8th and July 6th)
Course Goals and Suggestions
What do “A” Students do Right?
Syllabus (Class Participation, Late Assignments, etc.)
Week #1 Fundamental Legal Structures
Week #2 Religion in Public School Cases
Week #3 Briefing Cases
Overview Future Assignments
3. Required Texts
!
!
Nathan L. Essex, School Law
and the Public Schools: A
Practical Guide for
Educational Leaders (6TH
ed.)
4. 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
5. 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
6. How to cite Course Resources?
• PowerPoints
Roberts, K. F. (1998).
Federal regulations of
chemicals in the
environment
[PowerPoint slides].
Retrieved from URL.
7. Lecture Notes or Study Guides
Brown, P. (2004).
Marketing:
MKTG200-04B
[Lecture
notes]. Hamilton, New
Zealand: University of
Waikato, Department
of Marketing.
10. 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
11. Course Goals
• Provide knowledge,
skills and disposition to
remain current.
• Equip knowledge
positively and ethically
impact lives of
personnel for whom
responsible.
12. 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
16. 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)
17. 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!
18. 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?
20.
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
21. ➢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?
23. Assignment Due Dates
Assignment Points Due Week Drop Box Dates
!
Fundamental legal terms and structures 5 1 May 11-17
!
Impact of Religion on Schooling 5 2 May 18-24
!
Brief Five Significant Cases 5 3 May 25-May 31
!
Due Process and Safe Schools 5 4 June 1-7
!
Principles of Special Ed Law 10 5 June 8-14
24. 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
25. Week #1
• Biography (Post, Read and Respond)
• 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
27. 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
28. 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
30. 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
31. 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
32. 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
33. 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
34. 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
35. 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
36. 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
37. 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
38. Week 3
Students, the Law and Public Schools
(Topics Covered)
• Due Process
!
• Procedural Due
process
– Substantive due process
– Vagueness Doctrine and
Presumption Standard
39. 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
40. 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).
41. 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.
42. 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*
43. 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.
45. 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
46. 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
47. 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?
48. 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.”
49. 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.
!
!
50. 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. Supervisor Interview
Week 9
1. Make an
appointment
2. Submit your list of
questions
3. Interview
Supervisor
4. Follow Format and
Write Paper
54. 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
55. Final Review Exam
1. Identification
Questions
2. Case Scenarios &
Brief Essays
!
May use text, other books, and
Internet.
Cannot work together