Class Chat Session 1

Welcome

EDD 8434

Advanced School Law

EDD 8434Advanced 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

Required Texts!!Nathan L. Essex, School Law

and the Public Schools: A Practical Guide for Educational Leaders (6TH ed.)

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

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

How to cite Course Resources?

• PowerPoints

Roberts, K. F. (1998). Federal regulations of chemicals in the environment [PowerPoint slides]. Retrieved from URL.

Lecture Notes or Study Guides

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

Advanced School Law

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Questions

Advanced School Law

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My Goals for You!

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

Course Goals

• Provide knowledge, skills and disposition to remain current.

• Equip knowledge positively and ethically impact lives of personnel for whom responsible.

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

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

Grades

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

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%

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)

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!

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?

Advanced School Law

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Questions

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

➢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?

Assignment Suggestions

If you are unsure or confused

contact me!

Assignment Due DatesAssignment 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

PowerPoint and Study Guide Chart

PowerPoints/ArticlesWeek 1 ▪ Essex Chapter 1: Legal Framework

PP

!Week 2 ▪ Essex Chapter 2: Religion in

Public Schools PP

Study Guides!!!!!

Week 2 ▪ Study Guide #2

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

Federal Circuit Map www.uscourts.gov/courtlinks/

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

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

Advanced School Law

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Questions

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

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

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

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

Week #2 AssignmentDo 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

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

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

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

Week 3 Students, the Law and Public Schools

(Topics Covered)

• Due Process !• Procedural Due

process – Substantive due process – Vagueness Doctrine and

Presumption Standard

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

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).

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.

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*

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.

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

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

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

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?

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.”

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.

!!

SourceSource(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

Weeks 1-3

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Questions

Future AssignmentsSpecial Needs

Summaries 504 & ADA

Supervisor Interview Common Core

Final Presentation Final Review/Exam

Supervisor Interview Week 9

1. Make an appointment

2. Submit your list of questions

3. Interview Supervisor

4. Follow Format and Write Paper

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

Final Review Exam

1. Identification Questions

2. Case Scenarios & Brief Essays

! May use text, other books, and

Internet. Cannot work together

Advanced School Law

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Questions?

Advanced School Law

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Final Thoughts

EDD 8434 Advanced School Law

!Thank You

!Please Let Me Know How I Can Be of Help!

!This Collaborate Session Will be Archived.