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Johns Hopkins University

Syllabus Overview – Spring 2006

Anne Arundel County Cohort

School Law I

Assignments for Week I:

May 15, 2006: Overview of School Law, including constitutional and statutory underpinnings of the law, equalization of finance, and constitutional right to attend school. Private sector school law will include a brief overview of contract law. There will also be some discussion of the 11th Amendment immunity of Maryland’s school boards.

Assignments: Fischer, Schimmel & Stellman, Chapter 1

Supreme Court Education cases, Chapter 5

Cases will be assigned by e-mail and/or Blackboard, to

include Board of Education of Somerset County v. Hornbeck, Rose v. Council for Better Education, San Antonio School District v. Rodriguez, and Seattle School

District No. 1 v. Washington

As to the nature of Maryland’s public schools, we will

discuss McCarthy v. Board of Education of Anne Arundel County and Clauss v. Board of Education of Anne Arundel

County. On 11th Amendment immunity, we will examine Norville v. Board of Education of Anne Arundel County.

In the area of contract law, cases will be assigned from

the private sector, including Loup v. Louisiana State

School for the Deaf

May 17, 2006: Due Process, Rights of Teachers, grounds for termination, non-renewal of probationary teacher contracts, certification issues (1st, 2nd class, and revocation or suspensions of licenses), and collective bargaining. We will also address academic freedom.

Assignments: Fischer, Schimmel & Stellman: Chapters 2, 3, 4, 10, 12, 13

Supreme Court Education Cases: Chapter 4

Roth v. Board of Regents, Perry v. Sindermann, Nichols v.

Caroline County Board of Education (Maryland State Bd.,

of Education), James v. Baltimore City School Comm’ers,

Waeldner v. Prince George’s County Bd. of Ed., Avery v.

Baltimore County Bd. of Ed., Board of Ed. of Baltimore

County v. Ballard, Hurl v. Board of Education of Howard

County, Rollins v. Board of Education of Worcester Coun-

ty, Bd. of Ed. of Carroll County v. Carroll County Edu-

cation Ass’n., Dorchester Educators Assoc. v. Bd. of Ed.

of Dorchester County, and Boring v. Buncombe County

Bd. of Ed., Pickering v. Board of Education

May 22, 2006: Negligence, defense and insurance coverage, intentional torts, and Board/teacher liability, including statutory and constitutional immunities; dealing with child abuse and neglect.

Assignments: Fischer, et al., Chapters 5, 7

Attorney General’s Opinion: “Family Law – Child Abuse and Neglect”

Eisel v. Board of Education of Montgomery County, Hun-

ter v. Board of Education of Montgomery County, Matta v.

Board of Education of Prince George’s County, Horace

Mann Ins. Co. v. Montgomery County Bd. of Ed., Tate v.

Prince George’s County Bd. of Ed., Armijo v. Wagon

Mound Public Schools, Newton v. Town of Sharon

May 24, 2006: Title IX Discrimination, Disability Rights Issues, including legal and constitutional implications of sexual harassment, IDEA (special education law), Section 504 of the Rehabilitation Act, and race, age, and other forms of employment discrimination.

Assignments: Fischer, et al., Chapters 15, 16

Supreme Court Education Cases, Chapter 5

* IDEA, Section 504:

Pandazides v. Va. Board of Education, Nichols v.

Harford County Bd. of Ed, Schaeffer v. Weast,

Cedar Rapids Community School District v. Gar-

ret F., Honig v. Doe

* Title IX, Sex Harassment

Jackson v. Birmingham Bd. of Ed., Gebser v. Lago Vista School District, Davis v. Monroe County Bd. of Ed., Flores v. Morgan Hill Unified School,

Downs v. Bd. of Ed. of Baltimore County (MSDE),

Clark County School District v. Breeden

May 31, 2006: Student Free Speech and other freedoms, including student dress and speech; suspension and expulsion; drug testing and searches.

Assignments: Fischer, et al., Chapter 19

Supreme Court Education Cases, Chapter 3

Tinker v. Des Moines Community School District, Isaacs v. Bd. of Ed. of Howard County, Massie v. Henry, Pyle v. S. Hadley School Committee, Goss v. Lopez, Mayberry v. Bd. of ed. of Anne Arundel County, Ratner v. Loudon County Bd. of Ed.., New Jersey v. T.L.O., In re Patrick Y., Cornfield v. Con-solidated High School Dist. No. 230, Vernonia Dist. 47C v. Acton, Harper v. Poway Unified School Dis-trict, Frederick v. Morse, Hazelwood School Dist. v. Kuhlmeier, Bethel School Dist. v. Fraser

June 1, 2006: Desegregation, Affirmative Action, and race discrimination in the schools.

Assignments: Fischer, Chapter 14

Supreme Court Education Cases, Chapter 1

Brown v. Board of Education I, II, Eisenberg v. Montgomery County Bd. of Ed., Missouri v. Jenkins, Belk v. Charlotte-Mecklenburg School District, Gratz v. University of Michigan, Jackson v. Wygant, Piscataway Bd. of Ed. v. Taxman, Comfort v. Lynn School Committee, Thomas County Branch of the NAACP v. City of Thomasville School District, Love-Lane v. Martin

We will also cover student records issues, including FERPA.

Assignments: Fischer, Chapter 17

Owasso Ind. School District v. Falvo, Gonzaga

University v. Doe

June 5, 2006: Religion and the Schools, No Child Left Behind, and Final Examination.

Assignments: Fischer, Chapter 10, 20

Supreme Court Education Cases, Chapter 2

Wallace v. Jaffree, Lee v. Weisman, Kitzmiller v. Dover Area School District, Mergens v. West Side

High School, Brown v. Gilmore, Myers v. Loudon

County School Bd., Zelman v. Simmons-Harris,

Doe v. Santa Fe School District.

ACORN v. Bd. of Ed. of New York, Pontiac v. Spellings, National Law Center on Homelessness & Poverty v. New York, et al.

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