The Citadel | The Military College of South Carolina



The Citadel

School of Education

|EDUC 612: School Law Seminar |

|Summer 2013 |

|Instructor: Richard K. Murray, Ed.D. |Class Meetings: Tuesday-Thursday |

|Office: Capers 325-C |Class Hours: 5:45-8:45 |

|Telephone: 843-953-7824 |Meeting Room: Capers Hall 305 |

|Email: kent.murray@citadel.edu |Office Hours: |

| |Monday 1:00-4:00 |

| |Wednesday 1:00-4:00 |

| |Other hours by appointment. |

|Credit Hours: 3 | |

PREREQUISITES: EDUC 601 School Law I.

SUGGESTED TEXTBOOK: Essex, Nathan (2012). School Law and the Public Schools. 6th edition, Allyn and Bacon, Boston, MA.

*In addition to the text, the instructor will provide students with supplementary materials and articles.

STUDENT INFORMATION

This course is required as part of the Master of Education in Educational Leadership program and is intended for the preparation of school leaders.

COURSE DESCRIPTION:

An update on legal issues and decisions related to teaching and the administration of public schools including current laws and regulations pertaining to public schools in South Carolina. The course will have a heavy emphasis on legal research and writing. Prerequisite: EDUC-601 Principles of School Law or equivalent course.

CONCEPTUAL BASE: Developing Principled Educational Leaders for P-12 Schools

The Citadel’s Professional Education Unit prepares principled educational leaders to be knowledgeable, reflective, and ethical professionals. Candidates completing our programs are committed to ensuring that all students succeed in a learner-centered environment. 

The Citadel’s Professional Education Unit is committed to the simultaneous transformation of the preparation of educational leaders and of the places where they work. Specifically, The Citadel’s Professional Education Unit seeks to develop principled educational leaders who:

• have mastered their subject matter and are skilled in using it to foster student learning;

• know the self who educates (Parker J. Palmer) and integrate this self knowledge with content knowledge, knowledge of students, and in the context of becoming professional change agents committed to using this knowledge and skill to ensure that all students succeed in a learner-centered environment; and 

• exemplify the highest ethical standards by modeling respect for all human beings and valuing diversity as an essential component of an effective learner-centered environment.

The Citadel’s Professional Educational Unit is on the march, transforming itself into a Center of Excellence for the preparation of principled educational leaders. Through our initial programs for teacher candidates for P-12 schools and our advanced programs for professional educators in P-12 schools, The Citadel’s Professional Education Unit transforms cadets and graduate students into principled educational leaders capable of and committed to transforming our schools into learning communities where all children and youth succeed.     

The Citadel’s Professional Education Unit has identified 17 performance indicators for candidates to demonstrate that they are principled educational leaders who are knowledgeable, reflective, and ethical professionals:

Knowledgeable Principled Educational Leaders…

1. know in-depth subject matter of their field of professional study and practice;

2. demonstrate and apply an understanding of developmental and learning theories;

3. model instructional and/or leadership theories of best practice;

4. utilize the knowledge gained from professional study to develop and implement

an educational program that is varied, creative, and nurturing;

5. integrate the use of technology;

6. demonstrate a commitment to lifelong learning.

Reflective Principled Educational Leaders…

7. develop and describe their philosophy of education and reflect upon its impact in

the teaching and learning environment;

8. develop and manage meaningful educational experiences that address the needs

of all learners with respect for their individual and cultural characteristics;

9. construct, foster, and maintain a learner-centered environment in which all

learners contribute and are actively engaged;

10. apply their understanding of both context and research to plan, structure,

facilitate, and monitor effective teaching and learning in the context of continual

assessment;

11. research their practice by reflectively and critically asking questions and seeking

answers.

Ethical Principled Educational Leaders…

12. apply reflective practices;

13. demonstrate commitment to a safe, supportive learning environment;

14. demonstrate high values and a caring, fair, honest, responsible, and respectful

attitude;

15. establish rapport with students, families, colleagues, and community;

16. value diversity and exhibit sensitivity to and respect for cultures;

17. exhibit prompt regular attendance, wear professional attire, and communicate in

standard English.

Relationship of this course to the conceptual base:

Educational Leadership Constituent Council

ELCC--Educational Leadership Constituent Council Indicators/ISLLC Standards

Conceptual Framework Learner Centered Outcomes (CF1-CF3) and Dispositions (D1-D6)

3.2c Manage Operations CF3, D5

5.1a Acts with Integrity CF3, D5

Learner –Centered Performance Assessment Codes:

P Participation F Professional Portfolio G Group Discussion I Interview

O Observation E Exam T Thesis/Paper WV Website Review

V Volunteer WR Written Reflection RD Reading SP Presentation

PR Project SH Shadowing CS Case Study DA Data Analysis

SA Self Assessment CH Checklist S Simulation

Dimension Level Codes:

1. Awareness 2. Understanding 3. Capability

Standard 3.0: Candidates who complete the program are educational leaders who have the knowledge and ability to promote the success of all students by managing the organization, operations, and resources in a way that promotes a safe, efficient, and effective learning environment.

3.2 Manage Operations. c. Candidates demonstrate an understanding of how to apply legal principles to promote educational equity and provide a safe, effective, and efficient facilities.

Performance Activities Assessments

|-Candidates read and interpret the judicial findings for |-Complete the three assigned case briefs. T2, WR2 |

|assigned case law using case brief format and focusing on | |

|implications for school leadership. RD1, WR1 | |

| | |

|-Candidates analyze and develop an appropriate response to |-Candidates take mid-term and final examinations. E2 |

|school law scenarios. G2,RD1 | |

Standard 5.0: Candidates who complete the program are educational leaders who have the knowledge and ability to promote the success of all students by acting with integrity, fairly, and in an ethical manner.

5.1 Acts with Integrity. a. Candidates demonstrate a respect for the rights of others with regard to confidentiality and dignity and engage in honest interactions.

|-Candidates review and discuss Family Educational Rights and |-Candidates complete mid-term and final examinations. E2 |

|Privacy Act (FERPA), procedural due process requirements for | |

|students and personnel, and effective legal documentation and | |

|communication. G2 | |

COURSE REQUIREMENTS/ASSIGNMENTS

Law Review Compendium

As part of the requirements of this course, students must select an area of school law (i.e. search and seizure, freedom of speech, prayer in schools, etc.) to investigate exhaustively in an effort to complete/submit law review for publication in the School Law II Compendium. All law reviews should be 22-25 pages in length, typewritten, and double spaced. APA format (6th ed.) is required for all citations/references. See grading rubric below. The Law Review is worth 60 points or 60% of the final course grade.

Law Review Presentation

Each student will present their law review to the class at the end of the semester. The presentation should last no longer than 30 minutes and should accompany a handout/copy of the law review to be submitted at the end of the semester. This presentation will represent 10 points or 10% of the final grade.

Case Briefs

The legal case brief is an abstract/summary of a case; it contains all the essential elements necessary for an understanding of the selected case. For additional information on case briefs, review the section in your syllabus entitled, “Guidelines for Case Briefs”. Three case briefs will be required. Each case brief is worth 10 points or 10% of the final course grade. Only cases concerning issues in education are to be selected. See a comprehensive description and example of a case brief in syllabus.

Participation

Students are encouraged to bring real world scenarios to class for discussion in an attempt to stimulate student interest and increase participation in class discussions. When choosing your case or scenario, attempt to find a case which will be controversial and entice class discussion and debate. The purpose of this exercise is to “warm-up” and “open up” students in an effort to more effectively entice classroom discussion. Students are expected to complete appropriate readings and participate daily in class. Daily attendance is expected. Lively discussion and debate can only enhance this school law course.

Attendance at every class is expected.

REQUIRED PROJECTS

Assignment Possible Point Value % of Final

L.R. Presentation 10 points 10%

Law Review 60 points 60%

Case Briefs (3 X 10) 30 points 30%

TOTAL 100 points 100%

Final Course Grade

A = 90 or more points

B+ = 87 to 89 points

B = 80 to 86 points

C + = 77 to 79 points

C = 70 to 79 points

F = 69 or below

INSTRUCTIONAL UNITS AND ASSESSMENTS

Date Topic

5/07/13 Course Introduction/Syllabus/Intro to Legal System/Structure of the Legal System/Introduction of Case Method Approach/Introduction to Electronic Legal Research

5/09/13 Field Research (Law Review Topic Session Due Online)/Case Brief #1 Search and Seizure/Submit Law Review Topic to Professor for Refinement (kent.murray@citadel.edu)

5/14/13 Field Research (Law Review Topic Session/Prospectus)(Submit Refined Law Review Topic and Prospectus to Professor online)

5/16/13 Class: “Religion and the Public Schools”/Students Present Refined Topic and Prospectus to Class/Case Brief #1 Search and Seizure Due

5/21/13 Working Session Group (Schedule appointment-Mandatory)/Case Brief #2 Student Rights and Restrictions Due

5/23/13 Class: “Student Rights and Restrictions”

5/28/13 Field Research (Prepare for Editing Session on 5/30)/Case Brief #3 Due Teacher Evaluation, Supervision, and Dismissal

5/30/13 Editing Session Group (Schedule Appointment-Mandatory)/Case Brief #3 Teacher Evaluation, Supervision, and Dismissal Due

6/04/13 Class: “Teacher Rights and Responsibilities/Tenure, Dismissal, Supervision and Non-Renewal”

6/06/13 Editing Session Group (Online or Schedule Appointment-Optional)

6/11/13 Field Research (Final Editing and Preparation for Presentation/Early Appointment or Online with Professor)

6/13/13 Student Law Review Presentations (1, 2, and 3)/Student Law Reviews Due

6/18/13 Student Law Review Presentations (4, 5, and 6)

For assistance at anytime:

Dr. Kent Murray

Office: Capers 325-C

Office: (843) 953-7824

E-mail: kent.murray@citadel.edu

Topic Session Requirements

This session is designed for the student to present their topic for their law review. The professor will attempt to assist the student in narrowing and defining the law review topic. Students should have their topic clearly defined and some research in the area should be conducted. The student should have a two to three page prospectus outlining the research to be conducted. In addition, students are asked to bring a minimum of three law reviews from the general topic to review in preparation for the required research.

Working Session Requirements

This session is intended to serve as an opportunity to assist the student in the beginning stages of research and writing for the law review. Students should have an outline/table of contents drafted for the review and should have a few pages of written material for review. It is imperative to have started the writing process at this point to ensure completion by the end of the semester.

Editing Session Requirements

This session will concentrate on editing and legal writing. The student should have, at minimum, half of the required assignment in the final stages of writing. This session is intended to ensure compliance with APA (6th ed.), legal writing, and comprehensive coverage of the law review topic.

EDUC 612

Spring 2013

Seminar in School Law

Law Review for School Law Compendium

Research Paper (Total Point Value Possible=100 points)

a. Topic: Clarity and Precision (5 points) _____

b. Statement of Thesis: Clarity and Precision (5 points) _____

c. Research: Case Law, Exhaustive, Comprehensive (35 points) _____

d. Argument: Sense/Coherence, Legal Reasoning/Interpretation (10 points) _____

e. Conclusion: Relation to Argument (5 points) _____

f. Presentation: APA, Format, Writing Quality (5 points) _____

g. Length: 22-25 typed pages excluding legal references (5 points) _____

h. Law Review Topic Session (10 points) _____

i. Law Review Working Session (10 points) _____

j. Law Review Editing Session (10 points) _____

TOTAL _____

CLASS EXPECTATIONS

Class Attendance

One of the most important aspects of the education profession is that of professionalism. Punctual attendance in class is expected. The college policy will be followed. Attendance will be taken and reported daily via The Citadel’s Class Absence System.

Disability Disclosure

If you need accommodations because of a disability, please inform me immediately. Please see me privately, either after class or in my office. To initiate accommodation, students must register with the Office of Access Services, Instruction and Support (OASIS) located in room 105 Thompson Hall or call 953-1820 to set up an appointment. This office is responsible for reviewing documentation provided by students requesting academic accommodation and for accommodation in cooperation with students and instructors as needed and consistent with course requirements.

Honor Statement

As a professional educator, integrity is an expectation. Students of The School of Education at The Citadel are expected to meet the standards set forth in the Citadel Code. Available at:

Cheating and plagiarism violations will be reported and a failing grade will be assigned for the work in question. This class will follow The Citadel Honor Manual regarding plagiarism: "Plagiarism is the act of using someone else's words or ideas as your own without giving proper credit to the sources:

• When you quote another's words exactly you must use quotation marks and a footnote (or an indication in your paragraph) to tell exactly where the words came from, down to the page number(s). When you mix another's words and ideas with your own in one or more sentences, partially quoting the source exactly and partially substituting your own words, you must put quotation marks around the words you quote and not around your own. Then you cite the source, down to the page number(s).

• When you paraphrase another's words or ideas, that is, when you substitute your words for another's words, but keep their idea(s), you do not use quotation marks, but you must cite the source, down to the page number(s).

• When you use only another's idea(s), knowing that they are the other's ideas, you must cite the source of that idea or those ideas, down to the page number(s).

• Citing the source means giving, as a minimum, the author, the title of the book, and the page number. (The Citadel Honor Manual)

Field Experience

15 hours of field experience are a part of this course. These experiences will be in local public schools that represent the diversity of the general population of the school district. More details of this experience will be presented in class. Reflective assignments will be completed about each of the observation experiences.

GUIDELINES FOR CASE BRIEFS

The case brief method is utilized to demonstrate that students have the ability to research, locate, and review a law case in an effort to interpret and present their findings for their faculty or multi-disciplinary teams. The case brief is an abstract/summary of the case; it contains all the essential elements necessary for an understanding of the case. These elements should follow the outline below.

Note: The case brief should be 3 to 5 pages in length. Students usually lose points for failing to provide a comprehensive review of the Facts. In addition, students often forget to answer the two questions for the comments section: 1) What is my personal reaction to this decision?; and 2) How will this decision affect me as a principal?

Case Name, Citation, Year

Example: Griffin v. Prince Edward County School Bd., 377 U.S. 218 (1964)

Facts

*the essential events that caused the case. Who, what, when, where, and why

*a brief history of lower court decisions in the case

Issues

*written in question form

*tell us why the case is being heard

*emphasis on the constitutional problem

Holding

*the answer to the question(s) above which should make clear who won

Rationale

*majority or otherwise, who wrote the opinion

*explains why the court decided as it did

*includes tests/standards used by the court

Concur

*if any, who

*identify how this differs from rationale

Dissent

*if any, who

*why he/she/they disagree

Comment

*your personal reference to the significance of this case

SAMPLE BRIEF

South Dakota v Dole, 483 US 203 (1987)

Facts:

*Congress passed a law to encourage the states to have a 21 year old minimum drinking age. The law required the loss of some federal highway money if a state did not comply.

*South Dakota allows 19 year olds to drink 3.2% beer. It does not comply with the new federal law. It will lose $4 million dollars. It sues the federal government alleging a violation by

Congress of the 21st Amendment (i.e. states regulate sale of alcohol) and 10th Amendment (reserved powers).

*Federal district court dismissed the suit. Court of Appeals agreed.

Issue:

*Does the law exceed the power of Congress by violating the 10th Amendment and/or 21st Amendment?

Holding:

*No. The law is valid.

Rationale:

*We do not have to decide here the boundaries of the 21st Amendment. Congress has acted under the spending power in Article I, Section 8. Congress may add conditions to the receipt of federal money.

*Spending power is limited: 1) it must be in pursuit of the general welfare, 2) it must not be ambiguous, 3) it must be related to the federal interest in the program, and 4) it must not conflict with other Constitutional provisions.

*The question here is with #4 above. Case law tells us that the feds may not use the power to get the state to do something that is itself unconstitutional.

*This law passes the #4 test. The loss to the state is small. This is not coercion.

Concur:

Dissent:

*(Brennan and O’Connor) This is not a condition on spending, it’s an attempt to regulate the sale of liquor. That power is given to the states under the 21st amendment. For Congress to exercise power like that is a violation of state’s rights.

*(O’Connor alone) There is a problem with #3. The minimum drinking age is not sufficiently related to highway construction. If its goal is to make the road safer, it’s both under-inclusive and over inclusive. It stops teenagers from drinking when no car is involved and teenagers aren’t the main problem. Congress can spend for the general welfare, but can legislate only “for delegated purposes.”

Comment:

*No discussion of 10th Amendment.

*Although this is not a school law case, it does have implications with the federal financing of public education. In your case briefs, the student should comment in length about how he/she will use this knowledge as a principal or other school administrator. In addition, the student should use this opportunity to provide their personal reaction to the decision. Do you agree or not? Why or why not?

Note: Students are reminded to provide a copy of the case/court’s findings with their case brief.

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