Center for Technology in Education | JHU School of Education



JOHNS HOPKINS UNIVERSITY

SCHOOL OF EDUCATION

SCHOOL LAW

ED. 851.603(61)

Fall 2007

Columbia Center

INSTRUCTOR

Edmund J. O’Meally, Esquire

901 Dulaney Valley Rd., Suite 400.

Towson, Maryland 21204

(410) 339-6757 (office); (410) 832-5654 (fax)

eomeally@

CREDIT HOURS

3.00

CLASS TIME

Wednesday Evenings – 6:45 – 8:45 p.m. August 29 through December 12

COURSE DESCRIPTION

In this course, participants will explore the legal foundation and structure of education and consider contemporary issues based on legislation and court decisions. Students develop techniques of legal research and analyze a topic of interest.

COURSE OBJECTIVES

At the end of this course, each student should be able to demonstrate the following competencies:

(1) The ability to recognize, and demonstrate an understanding of, issues arising under the First, Fourth, and Fourteenth Amendments to the United States Constitution affecting religion, student and faculty expression, race-based decision making and student attendance areas, searches, procedural and substantive due process, suspensions/expulsions, tenure, and termination.

(2) The ability to recognize, and demonstrate a basic understanding of, federal and state laws concerning suspension/expulsion, employee and management rights, collective bargaining, employment discrimination, the rights of disabled students and employees, sexual harassment, and child abuse.

(3) The ability to demonstrate an understanding of the roles of the several branches of federal, state, and county government in the creation and implementation of legislation, regulations, and policies impacting public education, including educational funding.

(4) Students will demonstrate an understanding of Maryland's statutory structure for public education, including the respective roles of the Maryland State Board of Education, the State Superintendent, the local boards of education, the local superintendents, and local county governing bodies.

(5) The ability to respond in an effective, ethical, and legal manner to factual situations involving the rights of students, employees, or parents where there is potential exposure to liability for the school system and/or for the educator.

(6) Students will become familiar with and begin implementation of the ISLLC as they apply to legal issues in the public schools, in particular Standards 5 and 6 which provide as follows:

Standard 5: A school administrator is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner.

Standard 6: A school administrator is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context.

REQUIRED TEXT AND READING

1. Maryland School Law Desk Book (LexisNexis 2007-2008 School Year Edition).

2. There will also be cases and other handouts distributed throughout the semester, as well as information about various internet sites of note.

COURSE ASSIGNMENTS

READING ASSIGNMENTS

Reading assignments for each class are discussed in the class schedule. At my option, I may change reading assignments as the class progresses. Attendance at class is expected and will only be excused for good cause. Students are expected to have assignments read prior to class and should be prepared to participate in lively and intelligent discussions based upon the assigned readings.

CASE BRIEFS

Each student will be responsible for three written case briefs with corresponding oral presentations. The cases assigned for the briefs will be related to the material covered by the entire class. Students are expected to bring sufficient copies of their case briefs to class for the instructor and for all fellow students. Students are expected to read and understand each other’s case briefs.

FINAL EXAM

The final exam is intended as a comprehensive individual exercise and will cover all areas discussed in the texts, assigned readings, and class discussions. The exam will be a take-home, open book, open note exercise, but it is not a collaborative effort. Students are prohibited from discussing the exam questions and answers with any person – especially fellow students! The exam answers will be reviewed and discussed in the last class.

EVALUATION AND GRADING

Class Attendance and Participation — 5%

3 Case Briefs and Presentations — 15% each (total 45%)

Final Exam — 50%

Note: Spelling, grammar, and punctuation are factored into grades for all written work!

Grading Scale

95-100% A 76-79 C+

90-94 A- 73-75 C

86-89 B+ 70-73 C-

83-85 B 69 and below F

80-82 B-

The grades of D+, D, and D- are not awarded at the graduate level.

ATTENDANCE POLICY

Punctual attendance at class is expected and will only be excused for good cause. Five percent of the grade is based upon attendance and participation.

COURSE OUTLINE

Aug. 29: Introduction to Course

In this class, we will have an overview of public school law and an orientation to the course, the syllabus, and the assignments. We will also discuss the sources of public school law, federalism, the separation of powers, and the differences between constitutions, statutes, regulations, judicial precedent, and administrative decisions. We will discuss the role of local boards of education as state, rather than county, agencies that are subject to the visitatorial authority of the Maryland State Board of Education. We will discuss funding of Maryland public school systems at the federal, state, and local levels. Assignment for next class: Assignment: Review Chapters 1 through 5, Chapter 8; Chapter 16.

Sept. 5: First Amendment -- Religion and the Public Schools

In this class, we will discuss the First Amendment’s free exercise clause and establishment clause and the responsibility of public school officials to respect the religious rights of students and employees without endorsing or advancing religion. We will discuss the three prongs of the Lemon test, the Equal Access Act, the broader concept of “equal access” in facilities usage, public funding of religious education, and the expression rights of individual students and employees. Briefing assignments and case citation format will be discussed. Assignment for next class: Read Chapters 12 and 13.

Sept. 12: First Amendment – Student and Employee Expression

In this class, we will discuss student and employee free expression rights under the First Amendment with respect to speech, symbolic protest, appearance, and printed materials. We will also discuss the ability of school officials to place reasonable limits and restrictions on student expression. The concept of an “open” or “public” forum will be addressed along with the distinction between student expression in “school sponsored” as opposed to student oriented media. The concepts of substantive and procedural due process rights under the Fourteenth Amendment will be introduced. Assignment for next class: First case briefs due; prepare for oral presentations.

Sept. 19: First Case Briefs

In this class, students will give brief oral presentations on First Amendment cases. We will compare these cases to the cases previously discussed in class. Written briefs should be turned in at the time of the oral presentation (with copies for the rest of the class). Second case briefs will be discussed. Assignment for next class: Read Chapters 10 and 11.

Sept. 26: Case Briefs Continued; Student Discipline and Searches

In this class, we will finish any case briefs nor presented during the prior class and then begin our discussion of student discipline for on and off-campus misbehavior and the implications under the Fourteenth Amendment due process clause and under Section 7-305 of the Education Article to the Annotated Code of Maryland. We will also be a discussion on "searches" of students under the Fourth Amendment and under state law. Assignment for next class: Read Chapter 15.

Oct. 3: ADA, Section 504, and IDEA

In this class, we will continue our discussion on student discipline, and we will compare the discipline of non-disabled students to the discipline of students with disabilities. We will then discuss the substantive and procedural aspects of the three federal laws protecting persons with disabilities. We will explore the differences between “reasonable accommodations” and “undue hardships” and look at what is required to provide a free appropriate public education. Assignment for next class: Read materials on the reporting of child abuse and neglect and on Sexual Harassment under Title IX.

Oct. 10: Child Abuse and Sexual Harassment

In this class, we will discuss the federal and state requirements with respect to pro-active and re-active approaches to combating sexual harassment of students under Title IX of the Education Amendments of 1972. We will also discuss Maryland’s reporting obligations in situations of suspected child abuse and the consequences for failing to report. Assignment for next class: Second case briefs due; prepare for oral presentations.

Oct. 17: Second Case Briefs

In this class, students will give brief oral presentations on First Amendment cases. We will compare these cases to the cases previously discussed in class. Written briefs should be turned in at the time of the oral presentation (with copies for the rest of the class). Second case briefs will be discussed. Assignment for next class: Read Chapters 6 and 7.

Oct. 24: Second Case Briefs Continued; Employment Issues

In this class, we will finish any remaining case briefs from the prior week and then begin our discussion of employee rights, collective bargaining, tenure, and discipline. Emphasis will be placed on topics that are grievable/arbitrable matters under a collective bargaining agreement and topics that are subject only to administrative/judicial review.

Oct. 31: Employment Issues Continued

In this class, we will continue our discussion of employment issues with an emphasis on federal and state employment discrimination laws (e.g., Title VII) and federal and state wage and hour laws. Selected students will then give brief oral presentations on employment cases. We will compare these cases to the cases previously discussed in class. Written briefs should be turned in (with copies for the rest of the class). Assignment for next class: Prepare third case briefs.

Nov. 7: Third Case Briefs

In this class, students will give brief oral presentations on First Amendment cases. We will compare these cases to the cases previously discussed in class. Written briefs should be turned in at the time of the oral presentation (with copies for the rest of the class). Second case briefs will be discussed. Assignment for next class: Read Chapter 14.

Nov. 14: Third Case Briefs Continued; Desegregation and Race-Based Decisions

In this class, we will finish any remaining case briefs and then discuss the impact on racial demographics on the creation and re-arrangement of school attendance areas. We will explore the history of de jure segregation and desegregation, the concepts of “dual” and “unitary” systems, and the use of race as a “compelling governmental interest” in admissions policies. Assignment for next class: Read Chapter 9.

Nov. 21: No Class – Thanksgiving

Nov. 28: Liability Issues

In this class, we will discuss liability issues for teachers, administrators, staff, volunteers, board members, and boards of education. We will discuss the differences between contractual liability, tort liability, and under federal statutes (42 U.S.C. §1983, Title IX, etc.,). Immunity defenses and the provision of counsel and indemnification will be addressed. We will then review for the final exam.

Dec. 5: Final Exam

In this class, the final exam will be discussed and distributed to the class.

Dec. 12: Review of Final; Course Evaluations

In this class, students will turn in their final exams, and we will discuss why some responses were correct or incorrect. We will discuss the issues raised in the exam fact patterns and the better approaches in responding to those issues.

CLASSROOM ACCOMODATIONS FOR STUDENTS WITH DISABILITIES

If you are a student with a documented disability who requires an academic adjustment, auxiliary aid, or other similar accommodations, please contact Jennifer Smith in the Disability Services Offices at 410-512-9728, or via e-mail at onestop.disability@jhu.edu.

STATEMENT OF DIVERSITY AND INCLUSION

Johns Hopkins University is a community committed to sharing values of diversity and inclusion in order to achieve and sustain excellence. We believe excellence is best promoted by being a diverse group of students, faculty and staff who are committed to creating a climate of mutual respect that is supportive of one another’s success. Through its curricula and clinical experiences, we purposefully support the University’s goal of diversity, and in particular, work toward an ultimate outcome of best serving the needs of students in diverse K-12 schools. Faculty and candidates are expected to demonstrate an understanding of diversity as it relates to planning, instruction, management, and assessment.

BIBLIOGRAPHY

Bounds, Woolums, Bressler, Eisenberg, and O’Meally, Maryland School Law Deskbook 2007-2008 School Year Edition (LexisNexis, 2007)

Education Article to the Annotated Code of Maryland

Code of Maryland Administrative Regulations Title 13A

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