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Florida Agricultural and Mechanical UniversityProfessional Education UnitTallahassee, Florida 32307Course Number: EDA 5232Prerequisite(s): NoneCourse Credit: 3 semester hoursCollege: EducationDepartment: Educational Leadershipand Human ServicesCOURSE SYLLABUSCourse Title: Legal Aspects of EducationCourse Hours: 3 per weekRequired Text(s):Alexander, K. & Alexander, M. D. (2009). AmericanPublic School Law (5th edition). Wadsworth PublishingCompany: Belmont, CA.Garner, B. (1999). A Handbook of Basic Law Terms.West Group: St. Paul, MNWilliam Cecil Golden ts are required to register on the School Leaderswebsite.Course Requirement: TaskStream. All students arerequired to purchase TaskStream for their TaskStream eportfolio from the School Bookstore. (Mandatory).The TaskStream Enrollment Code is 7KTURBCourse Website: There is an accompanying website forthis course. You may access this website throughhttp://famu.blackboard.com. The information containedin this syllabus is contained on the website as a reference.Resources:State of Florida, Florida School Laws 2002.Tallahassee, FL: Florida Department of EducationFlorida Statures (F.S.) [Access K-20 Education Code]Link:1

http://www.leg.state.fl.us/Statutes/index.cfm?Mode View%20Statutes&Submenu 1&Tab statutes&CFID 34364106&CFTOKEN 95172166Florida Administrative Code (F.A.C.) [aka.State BoardRules] DivID 195Supplies: APA Manual, 6th EditionFaculty Name: Dr. Lavetta HendersonOffice Location: 444 Gamble Street,Bldg. 62, Room 204OfficeMondayTuesdayHoursBy Appt.1:00 – 3:00pmTerm and Year: Spring 2011Place and Time: 444 Gamble Street,Bldg. 62, Room 100AThursday 5:30 - 8:30Telephone: 850-561-2792e-mail: lavetta.henderson@famu.eduWednesday ThursdayFridayBy Appt.10:00 am – 12NoonSaturdayBy Appt.Course DescriptionIssues and problems concerning law and public education; developing competence inlegal research; working with questions of fact, value, and policy.Course PurposeEducators must know the laws that govern the operation and conduct of theirorganization as they face a highly litigious society. This course is a study of the relevantlegal principles that affect the operation, organization, and administration of Americanschools. In this course, practicing teachers, prospective teachers, as well as practicing andprospective administrators will gain knowledge about legal issues that will help them ineffectively performing their professional duties within the boundaries of constitutional,statutory, and case law.Conceptual FrameworkThe Conceptual Framework in the Professional Education Unit (PEU) at Florida A&MUniversity is an integrated approach to providing educational experiences that result inexemplary professional educators. The Framework is comprised of six themes with the2

mission of developing high quality classroom teachers, administrators and supportpersonnel. The term “exemplary” refers to the kind of graduates the PEU strives toproduce. The figure below provides a diagram of the Exemplary Professional ConceptualFramework.DIVERSITY CF 1 Through this focal area, the FAMU professional education candidate will:CF1.1 (K)Demonstrate understanding ofdiverse backgrounds ofindividuals.ELCC:5.1a, 5.2a,5.3aFPLS:3.8, 9.4,10.5FELE:2.7.1TECHNOLOGY CF 2 Through this focal area, the FAMU professional education candidate will:CF:2.5 (S)Use fundamental concepts intechnology.CRITICAL THINKING CF4 Through this focal area, the FAMU professional education candidate will:CF:4.5 (S)Demonstrate the use of higherorder thinking skills.FPLS:10.2, 10.5PROFESSIONALISM CF 5Through this focal area, the FAMU professional education candidate will:CF: 5.1 (K)Know the contentELCC:5.3a3FPLS:3.8, 3.9,9.1, 9.4,FELE:1.6.1,1.6.2,

10.2, 3.6.1Overall Goals of the Course1. Explain the legal system structure, its component parts, the court system, precedent,relationship between the legal and educational systems, and role of the federal andstate governments in education.2. Explain the relationship between the church and public schools (specifically prayer inschools and equal access) within the context of common, statutory, and constitutionallaw.3. Explain the legal rights and responsibilities of students and parents under federal andstate case, common, statutory, and constitutional law.4. Explain the legal rights and responsibilities of ESE students and parents under federaland state case, common, statutory, and constitutional law.5. Identify and explain types, causes, and preventive legal and administrative strategiesinvolving torts, defamation, and governmental immunity within the context ofcommon, statutory, and constitutional law.6. Explain the legal rights and responsibilities of teachers under federal and state casecommon, statutory and constitutional law.7. Explain the employment rights and protections due teachers under collectivebargaining.4

Specific Behavioral ObjectivesCandidates will be able to:1. Investigate the legal framework affecting public schools, and discover the boundariesof constitutional, statutory, and case law for teachers and administrators.2. Analyze seminal cases in educational law and develop briefs on them to betterunderstand the legal principles involved.3. Apply relevant legal principles to hypothetical cases presented in the in-basketexercises for each chapter.4. Interview an attorney involved in educational law to investigate and report on the mostcurrent legal challenges that face today’s schools.5. Assess the ethical considerations involved in making sound and legally defensibledecisions that affect students and school personnel under their authority with the inbasket exercises.6. Synthesize their readings and research on school law through the development andproduction of a research paper on an educational law topic.Standard CrosswalkAssignmentCritical Task 1: ESEStudent Rights LetterBehavioral ObjectivesFELESubtests1. Write a letter to aparent with a daughterwith Tourette’ssyndrome summarizingthe child’s and parent’srights including thefollowing:a. The child’s disabilityand its effect on his orher education.b. This student’s ESEentitlements, andc. Accommodationsunder federal and statestatutes, includingdistrict policy bysummarizing zationsELCC5.2.a, 5.3.a3.9, 10.5PEUConceptualFramework2.5, 4.5, 5.1

Critical Task 2: StudentRecords Access LetterCritical Task 3: CollectiveBargaining AgreementAnalysislaw, the rights grantedunder those laws.1. Write a lettersummarizing legalaccess rights, right tochallenge, modifycontent, etc. to thestudent and his parents.1. Interview a principaland cover four issues:a. his or her role inmanaging a localcollective bargainingagreement,b. handling ofgrievances,c. enforcement ofschool policiesgenerally, andd. disciplinaryprocesses forinstructional and noninstructional personnel.2. Obtain a copy of thedistrict’s collectivebargaining agreement,compare what youlearned during theinterview with theterms of the contract;conclude whether ornot the principal’sactions are incompliance.1.12.1,3.5.1, 3.6.15.1.a3.8, 10.52.5, 4.5, 5.12.7.15.1.a, 5.2.a,5.3.a3.8, 9.4,10.51.1, 2.5, 4.5,5.1William Cecil Golden Florida School Leadership ProgramThis program is aligned to Florida’s Principal Leadership Standards and includes webbased resources to support an ongoing culture of continuous school improvement that canbe used by all school districts and schools. Students are encouraged to explore this siteand use of the resources.6

National and State Standards Addressed in the CourseProfessional Organization/Learned Society StandardsEducational Leadership Constituent Consortium (ELCC) Standards for AdvancedPrograms in Educational Leadership for Principals, Superintendents, CurriculumDirectors, and Supervisors (National Policy Board for Education Administration)Standard 5.0: Candidates who complete the program are educational leaders who havethe knowledge and ability to promote the success of all students by acting with integrity,fairly, and in an ethical manner.Elements5.1 Acts with Integrity5.2 Acts Fairly5.3 Acts EthicallyMeets Standards for SchoolBuilding Leadershipa. Candidates demonstrate arespect for the rights ofothers with regard toconfidentiality and dignityand engage in honestinteractions.a. Candidates demonstratethe ability to combineimpartiality, sensitivity tostudent diversity, andethical considerations intheir interactions withothers.a. Candidates make andexplain decisions basedupon ethical and legalprinciples.Meets Standards for SchoolDistrict Leadershipa. Candidates demonstrate arespect for the rights ofothers with regard toconfidentiality and dignityand engage in honestinteractions.a. Candidates demonstratethe ability to combineimpartiality, sensitivity tostudent diversity, andethical considerations intheir interactions withothers.a. Candidates make andexplain decisions basedupon ethical and legalprinciples.Florida Educational Leadership Examination (FELE) Competencies and SkillsFELE Subtest #1: Instructional Leadership6. Knowledge of Instructional LeadershipStandard as Related to Federal and StateLaw in Education and SchoolingCompetencies and Skills1. Given a scenario, identify the staterequirements for students to participatein interscholastic or extracurricularstudent activities.2. Given a scenario, identify employee andstudent rights and responsibilities underfederal statutes.1. Given a scenario, identify illegalstandards for negligent tort liability7. Knowledge of Managing the LearningEnvironment Standard as Related to7

Tort and Contract Liability in theOperation of Florida Public Schoolsapplicable to school employees anddistricts.2. Given a scenario, legal standards ofintentional tort liability applicable toschool employees and districts.2. Given a faculty handbook, identify theduties of school administratorsgoverning student discipline andschool’s safety per Florida statutes (e.g.,zero tolerance, discipline of exceptionalstudents, emergency management plan,student code of conduct).11. Knowledge of Managing the LearningEnvironment Standard as Related toStudent Services3. Given a parent request to administermedication, identify the guidelines inFlorida statutes regarding theadministration of prescribedmedications to students by public schoolemployees.1. Given the student/parent handbook,determine compliance with Floridastatutes governing parents’ rights andresponsibilities/and/or students’ rightsand privacy to access studenteducational records (e.g., deny, release,challenge content, FERPA).12. Knowledge of Managing the LearningEnvironment Standards as Related toStudent and Parental Rights2. Given a scenario, identify standards andprocedures applicable to United StatesCitizenship and Immigration Servicesand students attending public schools.1. Given a scenario, identify exceptionalstudents education entitlements, equalaccess for students and staff withdisabilities, and related rights underfederal statutes.Competencies and Skills1. Given a recommendation to terminate anemployee’s contract, identify what theschool site administrator’s responsibilityis regarding termination as required inFlorida statutes (e.g., union contract,professional service contract, annualcontract, continuing contract).13. Knowledge of Managing the LearningEnvironment Standard as Related toFederal Law for Education andSchoolingFELE Subtest #2: Operational Leadership6. Knowledge of Human ResourceDevelopment Standard as Related toProcess and Procedures for Discipline,Dismissal, and Nonrenewal of SchoolEmployees8

2. Given case studies with accompanyingdocumentation, identify and apply theStandard of Just Cause for any adverseemployment decision as required byFlorida statutes (e.g., dismissal,suspension, demotion, reinstatement).1. Given a collective bargaining agreement,identify the role of the administrator inmanaging the contract per Floridastatutes (e.g., grievances, schoolpolicies, enforcement, and punitiveactions related to all classifications ofschool personnel).1. Given a scenario, identify standards andprocedures applicable to statecertification, selection, evaluation,discipline, and reappointment of schooldistrict employees.1. Given the Code of Ethics of theEducation Profession in Florida, identifyviolations of ethical conduct, as stated inFlorida statues (e.g., conviction of acrime involving moral turpitude; grossinsubordination; misconduct in office;neglect of obligations to students, public,and school personnel).1. Given a scenario, identify judiciallyrecognized rights and responsibilitiesguaranteed under the Constitution (e.g.,First, Fourth, Fourteenth Amendments).Competencies and Skills1. Given case studies of students withdisabilities, identify theaccommodations and services requiredper Florida statutes (e.g., diagnostic andlearning resource centers, ADAfacilities, interagency support services).1. Given the student/parent handbook,identify rights and responsibilities ofstudents, parents, and guardians perFlorida statutes (i.e., notification, dueprocess hearings, student academicprogress, school choice preference,health examinations/immunizations,student academic improvement plan,truancy procedures, instructional7. Knowledge of Human ResourceDevelopment Standard as Related toCollective Bargaining Agreements9. Knowledge of Human ResourceDevelopment Standard as Related toState law for Education and Schooling10. Knowledge of Ethical LeadershipStandard as Related to Ethical Conduct11. Knowledge of Ethical Leadership asRelated to Federal and State Law forEducation in SchoolingFELE Subtest #3: School Leadership4. Knowledge of Community andStakeholder Partnerships Standard asRelated to Student Services5. Knowledge of Community andStakeholder Partnerships Standard asRelated to Student and Parental Rightsand Responsibilities9

6. Knowledge of Diversity Standard asRelated to Federal and State Law forEducation and Schooling andOrganizational Communicationmaterials).1. Given a scenario, apply legalinterpretations of the purpose and intentof federal statutes related to equalaccess and prohibition of all forms ofdiscrimination in public schools.Florida Principal Leadership Standards (FPLS) and Program Indicators (FAMU)Florida Principal Leadership StandardProgram Indicator3.0 Managing the Learning Environment – 3.8 Knowledgeable of federal and stateHigh Performing Leaders manage thelaws related to education and schoolorganization, operations, facilities andoperations.resources in ways that maximize theuse of resources in an instructional3.9 Knowledgeable of federal and stateorganization and promote a safe,law related to special education.efficient, legal, and effective learningenvironment.9.0 Human Resource Development – High 9.1 Demonstrates an understanding of thePerforming Leaders recruit, select,major aspects of the Human Resourcenurture and, where appropriate, retainFunction (recruitment, selection,effective personnel, develop mentorinduction, appraisal, compensation,and partnership programs, and designemployment continuity, development,and implement comprehensiveand collective bargaining).professional growth plans for all staff –paid and volunteer.9.4 Demonstrates an understanding ofcollective bargaining and itscontractual features.10. Ethical Leadership – High Performing10.2 Makes decisions based on the legal,Leaders act with integrity, fairness, andmoral and ethical principles.honesty in an ethical manner.10.5 Acts in accordance with federal andstate constitutional provisions,statutory standards, and regulatorypolicies.Florida Agriculture and Mechanical University Professional Education Unit (PEU)Conceptual Frameworks StandardsArea1.0 Diversity2.0 Technology4.0 Critical ThinkingIndicator1. Demonstrate understanding of diversebackgrounds of individuals.5. Use fundamental concepts in technology.5. Demonstrate the use of higher order10

thinking skills.1. Know the content.5.0 ProfessionalismTopical OutlineDisclaimer: This is a tentative course syllabus and the instructor reserves the right tomake changes and modifications.Week 11/06/11Introductions/Course Overview/Course Syllabus/RequirementsWeek 21/13/11Legal Frameworks Affecting Public SchoolsChapter 1 The Legal SystemChapter 2 Historical Perspective Of Public SchoolsWeek 31/20/11Legal Frameworks Affecting Public SchoolsChapter 3 Role Of The Federal GovernmentChapter 4 Governance Of Public SchoolsWeek 41/27/11Religion and the Public SchoolsChapter 5 Church And StateWeek 52/03/11Students and the LawChapter 6 School AttendanceChapter 7 The Instructional ProgramEqual Access Letter DueWeek 62/10/11Students and the LawChapter 8 Student Rights: Speech, Expression, AndPrivacyChapter 9 Student Rights: Common Law,Constitutional Due Process, And StatutoryProtectionsModule 3 Five Discussion Questions DueWeek 72/17/11Individuals with Disabilities ActChapter 10 Rights Of Students With DisabilitiesStudent Handbook Revision DueWeek 82/24/11Midterm ExamWeek 93/03/11Teachers and the LawChapter 14 Certification, Contracts, And TenureChapter 15 Teacher Rights And FreedomsModule 4 Three Discussion Questions Due11

Week 103/10/11Spring BreakWeek 113/17/11Teachers and the LawChapter 16 Due Process Rights Of TeachersChapter 17 Discrimination In EmploymentESE Student Rights Letter Due in TaskStreamWeek 123/24/11LiabilityChapter 12 Defamation And Student RecordsTeacher Discipline Letter DueTeacher Hiring Interview DueWeek 133/31/11LiabilityChapter 11 Tort LiabilityChapter 13 School District LiabilityModule 5 Two Discussion Questions DueStudent Records Access Letter Due inTaskStreamWeek 144/07/11Collective BargainingChapter 18 Collective BargainingNegligent and Intentional Torts Interview DueFaculty Handbook Revision DueWeek 154/14/11Other Topics – Desegregation of Public Schools,School Finance, School PropertyChapter 19 Desegregation Of Public SchoolsChapter 20 School FinanceChapter 21 School Property And BuildingsCollective Bargaining Principal Interview Due inTaskStreamWeek 164/21/11Course Wrap-upField Experiences Due: Last Day to SubmitNarrative and Reflection PaperResponding to Course Field ExperienceItems.Week 174/28/11Final ExamNote: This is a tentative course outline and subject to change by the instructor. Courserequirements are also subject to change.12

Teaching MethodsThe traditional case method and cooperative learning techniques are combined to formthe central teaching methodology to be used in this course. Students are required, in thetraditional case method, to review concepts and cases covering the first, fourth andfourteenth amendments to the U.S. Constitution; discrimination; educational entitlements;and tort liability. While the basic principles of law are applied to diverse factualsituations and conclusions are reached, hypothetical scenarios are also provided to focuson the educational perspective of each case.The cooperative learning technique is used to permit groups of students to collaborativelyexplore and present a series of cases covering a single legal concept (e.g., The FirstAmendment) with the focus being on stimulating class discussion. This method shifts thefocus from the teacher being the dispenser of knowledge to becoming a guide who assistthe students in understanding and applying a range of perspective in addressing legalproblems associated with the school.Course EvaluationEvaluation in the course will be based on professional attitude, class attendance, classparticipation, written and oral assignments, readings, on-line assignments, examinations,and projects. The quality of the work you submit counts in the consideration of yourgrades. Grades are determined by the quality of student performance.GradingGradingScaleA 100-90B 89-80C 79-70D 69-60F Below 60GradingRubricF FavorableA AcceptableM MarginalU UnsatisfactoryFavorable pe

1 Florida Agricultural and Mechanical University Professional Education Unit Tallahassee, Florida 32307 COURSE SYLLABUS Course Number: EDA 5232 Prerequisite(s): None Course Title: Legal Aspects of Education Course Credit: 3 semester hours Course Hours: 3 per week College: Educat

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