THE SCHOOL LAW HANDBOOK: What Every Leader Needs To Know

Transcription

1 COURSE TITLE: THE SCHOOL LAW HANDBOOK: What Every Leader Needs To Know NO OF CREDITS: 2 QUARTER CREDITS WA CLOCK HRS: 20 [semester equivalent = 1.33 credits] EGON PDUs: 20 INSTRUCT: MARY ANN JOHNSON, M.ED. ADM. maryajohnson-advisor@comcast.net 206/ LEARNING ENVIRONMENT: This course requires assignment responses to be posted in a password-secured ONLINE website hosted by The Heritage Institute. COURSE DESCRIPTION: In this era of increasing legal challenges, both administrators and teachers need to know guidelines in situations involving legal issues. Scenarios involving crisis management, health-related issues, religion in schools, student organizations, student records and internet use these are just some of the important focuses updated in this highly readable book. The authors organized the book into five areas: school environment, Constitutional concerns, students, personnel, and accountability. In each subtopic chapter discussing specific topic norms and legal precedents, there are postscripts with updates that might be applicable to issues in your school and district. With the knowledge gained from the text, educators will be prepared to provide responses appropriate to specific incidents as well as to ask and answer the crucial questions: what are the legal boundaries, what are the relevant district policies, and what are the best strategies for resolution? This book may help bring peace of mind to teachers and administrators vulnerable to increasingly difficult legal questions. The authors include Kate Kaminski, an attorney specializing in school law; and William Bosher Jr. and Richard Vacca, co-authors of Law and Education: Contemporary Issues and Court Decisions. LEARNING OUTCOMES: Upon completion of this course, participants will: 1. Have learned how to handle crises involving Constitutional concerns such as religion in the schools and internet use 2. Have learned important legal advice re: student records and student organizations 3. Have learned legal guidelines that relate to personnel evaluations 4. Have learned how to handle other legal issues typically impacting schools and school districts COURSE REQUIREMENTS: Participants will complete assignments and post responses online to specific questions outlined for each assignment. Completion of all specified assignments is required for issuance of hours or credit. The Heritage Institute does not award partial credit. HOURS EARNED: Completing the basic assignments (Section A. Information Acquisition) for this course automatically earns participantʼs their choice of 20 Washington State Clock Hours or 20 Oregon PDUs. The Heritage Institute is an approved provider of Washington State Clock Hours and Oregon PDUs. The School Law Handbook 1 Revised 4/24/2013

2 UNIVERSITY QUARTER CREDIT INFMATION: REQUIREMENTS F UNIVERSITY QUARTER CREDIT Continuing Education Quarter credits are awarded by Antioch University Seattle (AUS). AUS requires 75% or better for credit at the 400 level (Upper Division) and 85% or better to issue credit at the 500 level (Post-Baccalaureate). These criteria refer both to the amount and quality of work submitted. 1. Completion of Information Acquisition assignments 30% 2. Completion of Learning Application assignments 40% 3. Completion of Integration Paper assignment 30% CREDIT/NO CREDIT Antioch University Seattle (AUS) Continuing Education (CE) Quarter credit is offered on a Credit/No Credit basis; neither letter grades nor numeric equivalents are on a transcript. 400 level credit is equal to a C or better, 500 level credit is equal to a B or better. This information is on the back of the transcript. AUS CE quarter credits may or may not be accepted into degree programs. Prior to registering determine with your district personnel, department head or state education office the acceptability of these credits. ADDITIONAL COURSE INFMATION COURSE MATERIAL and/or TECHNICAL REQUIREMENTS You will need high-speed (DSL) Internet access in order to view online resources. Some of the reading materials may be provided in the online environment as PDF documents, a format readable by with Adobe Acrobat Reader. You may download a free copy of Acrobat Reader from our website. 1. Read the assigned book, completing the written responses as they apply. (This book is estimated to take 8 clock hours to read.) 2. For the remaining 12 hours, complete the written responses to each of the 18 questions. REQUIRED TEXTBOOK: You will need to obtain the text The School Law Handbook: What Every Leader Needs to Know, written by William C. Bosher Jr., Kate R. Kaminiski, Richard S. Vacca, Available used at Amazon.com used starting at $20. GETTING STARTED: After registering for the course, you will be sent an with the website address, password and course key you need to access your online course, along with log in instructions. Access each assignment listed here in the online course environment and enter your responses. Write your responses in a WD document and then ʻcopy/pasteʼ them into the Responses box. When all assignments are completed, CLICK the 'ALL ASSIGNMENTS COMPLETED'. The instructor will be notified that you have completed all assignments. After the instructor reviews your work and enters his responses you will be notified by . You will be instructed to log in and view those responses. SAVE a copy of assignments and responses. NOTES TO ALL PARTICIPANTS: You are not required to be present (i.e. online) specific days or times. You will work at your own pace. All responses will be posted online. Large documents, files, photographs or PowerPoint presentations may be attached as part of your response by using the Share A File option. You may work collaboratively and submit similar responses on all assignments except the Integration Paper, which must be individually authored. To maintain privacy, please do not refer to students in your papers by their actual names, but rather use an alias or designation such as Student A. The School Law Handbook 2 Revised 4/24/2013

3 ASSIGNMENTS REQUIRED F HOURS UNIVERSITY QUARTER CREDIT A. INFMATION ACQUISITION ASSIGNMENT #1: From Part 1: The School Environment a) Briefly introduce yourself and tell why you have chosen this book. b) Explain the impact of reasonable suspicion on school officialsʼ searches of students and their property, and the legal ramifications of police officersʼ presence on school campuses? ASSIGNMENT #2: From Chapter 1: School Safety If you were critiquing a districtʼs drug and alcohol testing policy, what are the essential elements you would look for? Would you recommend using the same policy and procedures in district middle schools? ASSIGNMENT #3: From Chapter 2: Commercialism in Schools When confronted by attempts to promote commercial products in schools, what are primary factors administrators should review before taking a position? How does compulsory student attendance impact the administratorsʼ decision? ASSIGNMENT #4: From Chapter 3: School Facilities The authors discuss the importance of the type of forum that exists in public secondary schools. Explain how each of the three (3) possible forums impacts a districtʼs decisions about non-school groupsʼ use of a schoolʼs facilities. If school staff members and students begin complaining about Sick Building Syndrome-like symptoms, what steps should the administrator take? ASSIGNMENT #5: From Part II: Constitutional Issues, Chapter 4: Religion in Public Schools When a district mandates a daily moment of silence for all schools, what parameters need to be in place? In your opinion, which of the authorsʼ case law examples should be taken into account when considering any policy about prayer in the public schools? ASSIGNMENT #6: Why is any discussion of religion in a school curriculum so problematic? How does the Lemon vs. Kurtzman decision impact all three of the chapter subtopics: prayer, religion as curriculum, and holidays? ASSIGNMENT #7: From Chapter 5: Free Speech and Expression Given the background information about the role of a school board in a district, how would you recommend Dean handle his concerns about the way Ed Mooney, the board chair, portrayed his role? What information is most important in forming your recommendation? The School Law Handbook 3 Revised 4/24/2013

4 ASSIGNMENT #8: From Chapter 5: Free Speech and Expression From the review of federal case law, what are the dominant legal trends relating to student dress at school? ASSIGNMENT #9: Explain the two categories of student publications. What authority does an administrator have with each? What are the limitations on administrative authority? Of the case law cited, which do you think contain the most important elements for principals to consider when dealing with student publications? Why? ASSIGNMENT #10: From Part III: Students, Chapter 6: Internet Use Given the information in the case study, what would you assume Kurtʼs defense will be? Using the information about filtering technology, legal considerations, case law and district policy, what argument would the superintendent use in making his decision about Kurtʼs punishment? ASSIGNMENT #11: From Chapter 7: Student Organizations/Clubs When creating a new school policy for student clubs, both school-sponsored and student-initiated, what are the critical guidelines that should be included? ASSIGNMENT #12: From Chapter 8: Part-time Admission of Students If a school board asked you for assistance in creating a policy for part-time admission of students, which areas would you stress as most important in their decision-making process? What legal precedents and practical considerations given by the authors would you use to support your advice? ASSIGNMENT #13: From Chapter 9: Student Medicine The case study includes two very different aspects of student medications at school. The authors wrote this issue is tough to handle because it requires balance between student health and safety with fears of possible liability for staff members. To find that balance in the case involving headache medications, what are the key considerations? What are the factors that must be balanced in policy decisions about students self-medicating in schools? ASSIGNMENT #14: From Chapter 10: Student Records There are several elements to be considered in the scenario about the three requests for student records at West High School. What information supports the principalʼs decision for each request, that of Mrs. Willingham, Officer Draper, and Scott Ferguson? ASSIGNMENT #15: From Part IV: Personnel, Chapter 11: Personnel Evaluation The authors conclude that doing it right is often more important than being right. Delineate the key elements in federal and state law that must be addressed to ensure that evaluations and their potential negative outcomes are done correctly. What is the role of documentation in the evaluation process? The School Law Handbook 4 Revised 4/24/2013

5 ASSIGNMENT #16: From Chapter 12: Government Immunity Explain what governmental immunity means. How is it connected to school districts? What behaviors determine if a district and its employees will be found negligent when a court considers a case based on personal injury on district property or during a district- sanctioned function off campus? ASSIGNMENT #17: From Part V: Accountability, Chapter 13: Educational Malpractice In a failure-to-learn malpractice case, the plaintiff(s) must prove that three conditions are present. Explain each of those. From the list of policy considerations, which ones will be most relevant if the Academic Village parent group does charge the school with educational malpractice? ASSIGNMENT #18: Generally the states have the legal authority and responsibility for public education. What circumstances would need to be present for the filing of a federal case? This completes the assignments required for Hours. Continue to the next section for additional assignments required for University Quarter Credit ADDITIONAL ASSIGNMENTS REQUIRED F UNIVERSITY QUARTER CREDIT B. LEARNING APPLICATION (Required for 400 and 500 Level) In this section you will apply your learning to your professional situation. This course assumes that most participants are classroom teachers who have access to students. If you are not teaching in a classroom, please contact the instructor for course modifications. If you are a classroom teacher and start or need to complete this course during the summer, please try to apply your ideas when possible with youth from your neighborhood, at a local public library or parks department facility (they will often be glad to sponsor community-based learning) or with students in another teacherʼs summer classroom in session. ASSIGNMENT #19: For 400 Level Complete Part A only For 500 Level Complete Part A and Part B Part A: (400 and 500 Level) Choose one (1) of the following assignments and post responses. (1).What are the importance of risk management and safety procedures in minimizing and possibly eliminating school system liability problems? What are some safety procedures and/or risk management policies you have put into place, or that you would recommend for your school or district? (2) Reflect on the results of use of a strategy from this book, either one you have tried or hope to try. Start by describing the strategy you employed (or hope to employ) and analyze the outcomes (real or possible) with specifics. (3) Analyze what reservations you think a teacher, administrator, parent and/or student might have about using a strategy or issue advocated in this book. Describe why you think there is a reservation(s). Create a response which acknowledges the reservation and presents information you have found in this book or in additional reading you have done on this subject. (If you also have reservations, describe both sides of the issue.) The School Law Handbook 5 Revised 4/24/2013

6 Part B: (500 Level ONLY) This is IN ADDITION TO Part A (400 and 500 level) assignment above. Choose one (1) of the following assignments and post responses. (1) Create a presentation that could be given for a group of colleagues, based on your reading. It can be in the form of a Power Point, or in another format. The presentation should include a copy of any handout(s) you will use. (If you ask for feedback, follow the Peer Response as Part of Assignment Response directions in Choice #3 below) (2) Compare and contrast the material in this book with information you find in another book or online research of articles. For online research, quote any important URLs, write a summary of information you found, and then compare/contrast with information in the book for this course. (3) Do first hand interviews, including peer responses, of teachers/administrators in the district or parent(s), student(s), or some other appropriate individual(s), and determine things like policy issues, personal points of view, other important sources of information, and what does or doesnʼt work currently in the area involved. Each interview event or individual response is rated as equivalent to three-four hours of your work. Use the following format to do peer or interview response(s): a) post your assignment response first in the online response box (if applicable) b) post peer or interview response(s) to that assignment in the same response box. Use the following format: PEER RESPONSE or INTERVIEW RESPONSE Respondent(s) Name: (Student A, Teacher A, Parent B) Relationship to you: Date of response: Comments of respondent (or summary of group response): (4) Create an annotated bibliography of five (5) or more books or articles related to the subject of this course. The annotation should include Title, Author, Publisher (or URL), length of the book or article and your review of information contained. Add your opinion of the value or your criticism of the contents of each book or article, and rate the importance of the material as it pertains to the subject of this course. ADDITIONAL ASSIGNMENT REQUIRED F UNIVERSITY QUARTER CREDIT C. INTEGRATION PAPER (Required for 400 and 500 Level) Assignment #10: Complete the requirements for university quarter credit by submitting a final Integration paper (1-2 pages). A heading is required; please use the following format. Your Name: Date: Course Name: Course Number: Number of Credits: Level: (400 or 500) Advisorʼs Name: Respond online to each of the 5 questions below. (First list the question and then write your answer) 1. What did you learn vs. what you expected to learn from this course? 2. What aspects of the course were most helpful and why? 3. What further knowledge and skills in this general area do you feel you need? 4. How, when and where will you use what you have learned? 5. How and with what other school or community members might you share what you learned? The School Law Handbook 6 Revised 4/24/2013

7 INSTRUCT COMMENTS ON YOUR WK: Be sure to mark the All Assignments Completed section in the online course environment as this will notify the instructor that you have completed the course. Upon receiving notification of your completion of all course assignments, your instructor will provide written comments online. QUALIFICATIONS F TEACHING THIS COURSE: Mary Ann Johnson, M.Ed., Administration, has worked with students of all levels, from alternative high school to gifted classes. She has also been a junior high vice principal and is now working with teachers for continuing education in classes, distance learning and building leadership groups. BIBLIOGRAPHY AVAILABLE ONLINE: For additional reading you may consider accessing an annotated Master Bibliography relative to this course that enhances any teacherʼs toolbox. The Bibliography can be downloaded as a PDF from the same course description page as the syllabus on The School Law Handbook 7 Revised 4/24/2013