Temple University Temple University Harrisburg

SCHOOL LAW

ED ADMN 681 -- Spring 2007 -- 3 credits
Thursdays, 6:00-8:40 p.m.
234 Strawberry Square



WILLIAM MARTIN SLOANE, Adjunct Instructor

[email protected] -- (717) 249-1069 -- [email protected]
Office hours before and after class and by appointment


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Counselors | Education Law | ELC-PA | Law Dictionary | National Principals | PSBA Legal


BOOK:  Kern Alexander and M. David Alexander, American Public School Law
6th edition (West/Wadsworth/Thomson, 2005)


"When any Scholar is able to read Tully or such like classical Latin Author ex tempore, and to make and speak true Latin in verse and prose . . . and decline perfectly the paradigms of nouns and verbs in the Greek tongue, then may he be admitted into the College, nor shall any claim admission before such qualifications."

--Admissions Standards, Harvard College, c. 1650


READING ASSIGNMENTS

CLASS #:
DATE 2007
CASEBOOK PAGES TOPICS
#1:
18 January
xxxvii-74; to hear
an audio lecture, click here.
The Legal System; Historical Perspective of Public Schools;
Role of the Federal Government
#2:
25 January
74-153 Role of the Federal Government [continued];
Governance of Public Schools; Church and State
#3:
1 February
153-235 Church and State [continued]
#4:
8 February
235-308 Church and State [continued]; School Attendance;
The Instructional Program
#5:
15 February
2nd of Class:
308-347
Examination #1
The Instructional Program [continued]
covering pages 1-347
#6:
22 February
347-427 The Instructional Program [continued];
Student Rights:  Speech, Expression, and Privacy
#7:
1 March
427-504 Student Rights [continued]:  Common Law, Constitutional Due Process,
and Statutory Protections; Rights of Students with Disabilities
No Class
8 March
. . . . . .
#8:
15 March
505-581 Rights of Students with Disabilities [continued]; Tort Liability
#9:
22 March
581-660 Tort Liability [continued]; Defamation and Student Records;
School District Liability
#10:
29 March
2nd of Class:
660-699
Examination #2
School District Liability [continued]; Certification, Contracts, and Tenure
covering pages 347-699
#11:
5 April
699-777 Certification, Contracts, and Tenure [continued];
Teacher Rights and Freedoms; Due Process Rights of Teachers
#12:
12 April
777-854 Due Process Rights of Teachers [continued]; Discrimination in Employment
#13:
19 April
855-931 Collective Bargaining; Desegregation of Public Schools
#14:
26 April
885-958 Desegregation of Public Schools [continued];
School Finance; School Property and Buildings
#15:
3 May
Final Examination covering pages 699-1008



COURSE DESCRIPTION:  This course in Educational Administration studies the major areas of school law.  Specific topics are listed above under "Reading Assignments."  Federal and state constitutions, statutes and caselaw will be related to responsibilities and duties of teachers, supervisors, principals, superintendents, school board members and others.  The course will introduce the student to methods and means of researching legal issues that relate to education.

COURSE OBJECTIVES:  The primary objective of this course is to provide the graduate student with a fundamental knowledge of the law affecting public school administration.  Upon completion of the course, the student should be sufficiently versed in legal issues to enhance administrative effectiveness and to avoid legal pitfalls that confront administrators in the daily operation of schools.  The course content includes information pertinent to the undertakings of superintendents, principals, teachers and other administrative and curricular personnel in public schools.  Further, upon completion of the course, the student should be able to recognize, identify, and conduct basic legal research pertaining to public school legal issues and to know and understand when to seek professional legal counsel.  It is important to note that the course does not aspire to invest the student with legal knowledge sufficient to operate in lieu of professional counsel.

ISLLC STANDARDS:  This course in the study of public school law addresses in particular ISLLC Standard 3, Standard 5 and Standard 6.
    I.  Standard 3:  This standard asserts that "a school administrator is an educational leader who promotes the success of all students by ensuring management of the organization, operations, and resources for a safe, efficient, and effective environment."
    Knowledge Requirement Understands:
        a)  Operational procedures at the school and district level.
        b)  Human resources management.
        c)  Principles and issues relating to fiscal operations of school management.
        d)  Legal issues impacting school operations.
    II.  Standard 5:  This standard maintains that "a school administrator is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner."
    Knowledge Requirement Understands:
        a)  Purpose of education and role of leadership in modern society.
        b)  Philosophy and history of education.
        c)  Ideals of the common good.
        d)  Principles of the Bill of Rights.
        e)  Right to free, appropriate, quality education.
    III.  Standard 6:  This standard declares that "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."
    Knowledge Requirement Understands:
        a)  Principles of representative governance that undergird American schools.
        b)  Role of public education in developing and renewing a democratic society.
        c)  Law as related to education and schooling.
        d)  Importance of diversity and equity in a democratic society.

COURSE REQUIREMENTS:  {1}  Students should read all of the casebook assignments according to the above schedule.  {2}  Students will take three traditional, in-class, non-cumulative, closed-book examinations, each weighted equally.  The questions will be based on issues raised in the casebook as illuminated (one hopes) by class discussion.  {3}  Students will complete a number of oral and/or written case briefs as assigned and explained by the instructor.

ATTENDANCE POLICY:  The College of Education acknowledges the importance of interaction, interpersonal relations, collegiality and networking, as well as the primary function of teaching and learning.  Attendance in class is important to the accomplishment of these outcomes.  Therefore students may not miss more than 2.5 classes for any reason.  Arriving late or leaving early will be counted as a partial cut.  Examinations may be taken early, by pre-arrangement with the instructor, but may be taken late only in cases of the most extreme emergency and only at the discretion of the instructor.

DISABILITY DISCLOSURE STATEMENT:  Any student who has a need for accommodation based on the impact of a disability should contact the instructor privately to discuss the specific situation as soon as possible.

COMMUNICATION:  Students are encouraged to contact the instructor at any time, via e-mail (which is faster) or phone.  Individual meetings can be arranged at a mutually convenient time.

GRADING:  The course grade will be determined by the grades received on the three examinations (25% each) and on the oral and/or written case briefs (25%).  The resulting grade may then be raised or lowered by one grade (e.g., from B+ to A-, or from C to C-), at the sole discretion of the instructor, on the basis of the student's class participation.  The instructor will be available over the summer to review the final exam with any student who is interested and to suggest means for improvement in writing successful answers.