Advanced Educational Law – EDUC 747

CG • Section 8WK • 11/08/2019 to 04/16/2020 • Modified 07/28/2020

Course Description

An in-depth study into educational law and how social and cultural changes are directing how our courts act and react. A new global mind-set present in our high courts has and will continue to re-direct how our courts view many judicial rulings and from those considerations a new set of legal precedents will emerge impacting how our educational systems are viewed by those courts.

Prerequisites

None

Rationale

To study the laws governing education and religious conflicts of the Western world helps to understand the demands, restrictions, and provisions for what is called “separation of church and state.” It would benefit greatly to devote much time to this study because much of today’s growing societal unrest with education can, and logically so, be connected to the religious unrest throughout the nation and world.

It is imperative that school and institutional leaders have a firm grasp on past case precedent and how those decisions could be redirected because of social and cultural changes the courts have determined should be considered. Additionally, courts are using more European case precedents in determining how american laws should be applied and/or adjusted. The “global mind-set” has and will continue to impact the judicial system and how new cases will be reviewed and decisions made.

Measurable Learning Outcomes

Upon successful completion of this course, the student will be able to:

  1. Evaluate legal issues involved in public and private education or public and private higher education.
  2. Research, analyze, and present an educational legal issue that has gained state and/or national media attention.
  3. Apply legal philosophy and social policy in formulating decisions or underlying legislation.
  4. Evaluate Constitutional Amendments, specific state statutes and regulations, and determine how to comply with these requirements under educational circumstances.
  5. Analyze the elements making up a negligence action and determine how to identify potential problem areas to avoid liability.
  6. Develop strategies for dealing with specific legal problems from a moral and ethical position.
  7. Research a current state- or national-level educational issue that has caused some level of media exposure and a level of legal liability for the institution.

Course Assignment

Textbook readings and lecture presentations

Course Requirements Checklist

After reading the Course Syllabus and Student Expectations, the student will complete the related checklist found in Module/Week 1.

Discussion Board Forums (3)

Discussion boards are collaborative learning experiences. Therefore, the candidate will participate in 3 Discussion Boards Forums throughout this course. In each forum, the candidate will submit a thread of at least 350 words and at least 2 replies of at least 150 words each. (MLO: A, C, D, F)

Case Reviews

The candidate will review and reflect upon 3 different precedent-setting case scenarios. Each Case Review must be at least 2 pages, provide citations for relevant case facts, a reference page, and adhere to current APA formatting. (MLO: A, C, D, F)

Legal Entanglement Project (MLO: A, B, C, D, E, F, G)

You will complete this benchmark assignment in separate sections.

Part 1 – Moral and Legal Issues (Analysis)

The candidate will select a meaningful and relevant topic in a particular school.  The topic is to be a legal, moral, or ethical issue that—left unaddressed—could escalate into a legal entanglement (i.e., litigation). The candidate will use a template to complete the Moral and Legal Issues Analysis.

Part 2 – Collaboration (Analysis)

Candidates will present conclusions from the first submission (Analysis: Moral and Legal Issues) to select families, caregivers, colleagues, supervisors, and students.  Candidates will gain their perspectives and collaborate with them about the proposed topic for the Legal Entanglement Project.  Furthermore, candidates will explain how they were involved in the decision-making process of supporting the selected topic. The candidate will write a 3–5-page paper about the collaboration, including the stakeholders’ perspectives and applicable data.

Part 3 – Case Law Review (Knowledge Base)

Candidates will review four court cases on the selected topic, applying the court’s decision to how the issue was handled consistently, fairly, and ethically within the school.    Regarding these court decisions, candidates must also provide a statement as evidence of his/her ability to serve as a spokesperson/advocate on these issues for students and families within the school.  Length requirement is a 2-page minimum This assignment will build upon the Analysis: Collaboration assignment.

Part 4 – Literature Review (Knowledge Base)

Candidates will review four references from a variety of sources on the selected topic.  These may be position statements, opinion pieces, research articles, books, etc.  As candidates review the literature on the selected topic, he/she will identify emerging trends or issues that are likely to affect the school.  Regarding these emerging trends, candidates are also to provide a statement as evidence of his/her ability to adapt leadership strategies to address them. Length requirement is a 4-page minimum.

Part 5 – Paper

Based on the school analysis and the knowledge base of case law and literature, candidates are to develop a comprehensive 5–10-page paper to address the potential legal entanglement.  The focus of the paper is to provide school staff, students, and visitors with a safe and secure environment.  All aspects of the papershould be aligned with case law decisions.

Part 6 – PowerPoint

Candidates will prepare a PowerPoint presentation of at least 15 slides that would be given to a parent-teacher organization and/or a school board to convey the results of the school analysis, knowledge base, and Legal Entanglement Project.  Candidates will convey significant policies, laws, regulations, and procedures relevant to the selected topic.

Part 7 – Final Submission

The candidate will combine all of the previously submitted assignments into the final submission of the Legal Entanglement Project. The candidate should use feedback from each of the previously submitted assignments prior to submitting the final project: Legal Entanglement Project. The candidate will submit all (6) previous submissions with changes/corrections highlighted to Livetext.

SCRIP Dispositions

Following the instructions listed in Livetext, the candidate will write a brief response on each of the School of Education SCRIP dispositions (social responsibility, commitment/work ethic, reflection, integrity, and professionalism). The candidate will submit the assignment via Livetext and Blackboard.

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