California State University, Fullerton

Fall 2009
SCHOOL LAW & REGULATORY PROCESS
EDAD564

Linda C. Orozco, Ph.D., Professor

Instructor & Dept. Information

Course/Class Information

Dr. Linda Orozco

Professor

Office: College Pk, 5th fl.

Telephone: 657-278-7246

Email: Lorozco@fullerton.edu

 

Monday - Irvine Rm. 219 [ #11626]

Tuesday - Capistrano Rm. 1  [#11628]

3 Units – 7pm

Office Hours: By appt. or via Skype

                        or after class 9-10pm

Dr. Orozco’s Websites:

http://faculty.fullerton.edu/lorozco & http://leadership-innovation.org

This SYLLABUS is the central document for coordinating course policies and activities. Review it carefully and discuss questions with the instructor. Refer to the syllabus to confirm course expectations and your individual progress.



I. COURSE

Description: Prerequisite: Ed Admin 503. This course reviews the federal, state and local educational laws, regulations and other policies that govern schools and the requirements for administrators in accordance with these laws and regulations in ways that are ethically and legally defensible.

 

Student-based Learning Outcomes.  By the end of the course students will:

  1. Demonstrate foundational knowledge, both theoretical and operational, of federal, state, and local laws, regulations, and statutory requirements emphasizing professional justice, equity, ethics and integrity.
  2. Demonstrate orally, in writing and through leadership actions a professional understanding of, and heightened sensitivity to, the legal implications of administrative responsibilities, decisions & problem-solving.
  3. Identify, access and utilize written & technology-based legal resources to demonstrate 21st century leadership skills.
  4. Demonstrate an operational knowledge of school law and its implications, through direct school-based analysis and application.
  5. Design, finalize and deliver a formal Powerpoint presentation highlighting legal considerations in education to a professional audience.
  6. Display ‘legal leadership’ competency through authentic, school site-embedded activities specifically designed to link theory/law to professional practice, while identifying the significant legal issues involved.

 

 

II. REQUIRED TEXTS, RESOURCES & TECHNOLOGY

Text:  Kemerer, F. & Sansom, P.  (2009).  California School Law (2nd Edition). Stanford, CA: Stanford University Press.

Legal Clips: a free electronic news service providing weekly updates on legal issues affecting public education by the National School Boards Association (NSBA).  Candidates will subscribe for the full semester.  Website: http://www.nsba.org/MainMenu/SchoolLaw/LegalClips.aspx

Skype: Candidates will be required to use Skype webconferencing.  Skype provides free audio/video/text communication via the internet to anywhere in the world.  In order to use, candidates will need to download free Skype software, use a microphone on their computer (built-in or plug in) and secure internet access.  http://skype.com

Professor Orozco's Websites: includes online web-based resources specifically related to school law. http://faculty.fullerton.edu/lorozco  & http://leadership-innovation.org

Email address for class communications and activities. Cc. yourself on all emails you send, and save copies until the end of the course.

Other print and online readings as assigned.

III. COURSE REQUIREMENTS:

30% CLASS PARTICIPATION

20% QUIZZES

50% CANDIDATE LEGAL LEADERSHIP PORTFOLIO

30% CLASS PARTICIPATION
Each candidate enrolled in the course has the responsibility for its overall quality and enhances the breadth of perspectives developed by every other candidate. To fulfill your part, you must be present and participate fully.  There will be seminar activities, online activities, in-class collaborative assignments, and discussions of the topics, readings & course responsibilities. 

Assessment Labs: Candidates will complete a series of assessment activities designed to demonstrate their competence in legal leadership.  Activities include web-based research, interpretation of data, assessment of legal practices, diversity and legal issues, case studies analysis, in-basket activities, role playing, team building, conflict management, problem-solving, written communication, etc.

Cellular Phones and Pagers: As a courtesy to all candidates & the instructor, and in order to eliminate interruptions and distractions during the learning process, ALL cellular telephones and pagers are to be silenced during class meetings.

Missed Classes or Late Arrival/Early Departure: Missing class and/or arriving late & leaving early will affect your participation grade.  Excessive absences (four or more) will yield a grade of ‘F’ for the course.  In case of prolonged illness or unforeseen obligations, candidates will be supported in officially withdrawing from the course.  If you miss any part of a session, it is YOUR responsibility to make arrangements with a colleague for missed instruction, assignments, handouts and future expectations.  Please note the name, email address and telephone number of one or two colleagues for this purpose:
____________________________________________________________________________________
____________________________________________________________________________________

20% QUIZZES

There will be unannounced quizzes conducted during the semester.  Quizzes will be multiple choice, true/false and short answer.  Quizzes will not be cumulative for the entire semester but only cover content since the last quiz.

 

50% CANDIDATE LEGAL LEADERSHIP PORTFOLIO

Each credential candidate will demonstrate mastery of the learning outcomes by compiling a professional Legal Leadership Portfolio featuring evidence and documentation.  Each credential candidate will demonstrate a consistent collaborative ability to discuss their (and others) professional performance in legal leadership.  There will be a collaborative review of the candidate's Portfolio by a colleague/aspiring administrator and course instructor.  A series of documents comprise the Legal Leadership Portfolio. The required activities and related documents are detailed below and on the "Legal Leadership Portfolio Form".  All materials must be typed.  Candidates must submit a complete Portfolio, including peer signature.  The Report will include:

 

1. Legal Leadership Portfolio Form

2. Candidate Biography and picture

3. Legal Leadership Self-Assessment (pre & post)

4. Candidate Profile in Legal Leadership

5. Legal Case Analysis

6. Abstract of Presentation

7. In-Class Assessment Lab activities as assigned by instructor

8. Powerpoint Presentation - picture with presenter & audience, & date/time/location/audience
9. Professional Presentation of Legal Considerations in Education on Powerpoint [6 slides per page]

10. Authentic Legal Incident Analysis

11. Current Issues in School Law: LegalClips Analysis

12. Summary of Educational Case Law – Fingertip Facts

13. Keys to School Law
14. In-Class Assessment Lab activities as assigned by instructor
15. Professional Reflection


IV. GRADING POLICY:

Grading
A = 90-100 course points
B = 80-89 course points
C = 70-79 course points
D = 60-69 course points
F = 0-59 course points

  • Writing: Graduate level writing is expected for ALL assignments.  All written assignments must be word processed using correct grammar, spelling, and punctuation.  All sources must be referenced using APA style format.   A candidate’s grade will be affected if editing issues are present.  Please note, the professor will stop reading any submitted assignment which contains multiple errors.  The assignment will not be graded, but instead will be returned to the candidate for editing prior to re-submission.  Candidates are strongly encouraged to use a peer reader prior to submitting assignments.  J
  • Absences:  Attend all class sessions fully.  Participation takes place only when you are in attendance.  Arriving late or leaving early will result in a loss of 1+ points per incident.  Excessive absences (four or more) will yield a grade of ‘F’ for the course.  In case of prolonged illness or unforeseen obligations candidates will be supported in officially withdrawing from the course.
  • Late Assignments: In fairness to all students, a policy on assignments submitted after the due date will be applied. Late assignments will be reduced by one full letter grade. In addition, 'late assignments' may be held by the instructor and graded at the end of the course.
  • Confidentiality:  Students are expected to maintain class confidentiality at all times.  All class discussions, presentations, reflections, activities, incidents, materials and handouts shared by candidates (or instructor) are to be kept confidential, and not shared outside the class.  Candidates represent a wide variety of diversity, perspectives and worksites; and the nature of the course encourages open sharing, examples, and honesty.  This should be a ‘safe-forum’ of professionalism, and your adherence to this expectation is important.  Failure to adhere to this policy can result in removal from the class and referral for university discipline.  Please discuss any questions with the instructor.
  • Academic Integrity: Important university policies on academic integrity & honesty (UPS 300.021) are online at:  http://www.fullerton.edu/senate/ups.htm
  • Emergency Information: http://www.fullerton.edu/emergencypreparedness/ep_students.html
  • Special Needs:  “The University requires students with disabilities to register with the Office of Disabled Student Services (DSS), located in UH-101 and at (714) 278 – 3112, in order to receive prescribed accommodations appropriate to their disability.  Students requesting accommodations should inform the instructor during the first week of classes about any disability or special needs that may require specific arrangements/accommodations related to attending class sessions, completing course assignments, writing papers or quizzes/tests/examinations.”   UPS 300.004
  • Plus/Minus:  There will be no use of plus (+) or minus (-) in grading.


V. COURSE SCHEDULE:

Students must be officially registered in the course & meet all prerequisites by the first class in order to participate.  Note the following key dates and expectations.  Furlough days are indicated by an (F) under Date/Week column.

 

MT   

DATE/

WEEK    

 

TOPIC

 

READINGS & ASSIGNMENTS

1

Aug. 24/25

LEGAL LEADERSHIP
Review of Course and Requirements
       Syllabus detailed, assignments & schedule

__ Read KS: Preface, Ch. 1
__ Complete Profile in Legal Leadership

2

Aug. 31 & Sept. 1

LAW & SCHOOLING
!DUE: Profile in Legal Leadership!

__ Read KS: Ch. 2
__ Go online, printout & read (with mark-ups): Brown v. Board of Ed. of Topeka (1954: US Supreme Ct)

3

Sept. 7/8

Monday/Irvine Team - Labor Holiday – No Class
Tuesday/Capistrano Team – Skype: School Law


__ Prepare Abstract of Presentation

4

Sept. 14/15

ATTENDANCE, INSTRUCTION & ASSESSMENT
Working session on legal case analysis
!DUE: Abstract of Presentation!
!Bring: Brown v. Board of Ed. of Topeka case!

__ Read KS: Ch. 6

5

Sept. 21/22

RIGHTS OF EXPRESSION
Presentation of Powerpoints Abstracts

__ Read KS: Ch. 9

6

Sept. 28/29

STUDENT DISCIPLINE
Legal Case analysis drafts & practice

__ Read KS: Ch. 7

7

 

Oct. 5/6

RELIGION

__ Finalize Legal Case Analysis

8

Oct. 12/13

LEGAL CASES IN REVIEW
!DUE: Legal Case Analysis!

__ Read KS: Ch. 10
__ Finalize Portfolio documents #2-7

9

SPECIAL
MONDAY

Oct. 19

ACCESS, PRIVACY, SEARCH & SEIZURE
Peer Review of Professional Work
!DUE: Documents #2-7 of Portfolio in Final Form!

__ Prepare Law Presentation

10

 

Oct. 26/27

SOCIAL JUSTICE - RACE & GENDER 
TECHNOLOGY & SCHOOL LAW-McLeod

__ Read KS: Ch. 11

11

Nov. 2(F)/3

Irvine Team (F) – Blog
Capistrano Team – Authentic Delivery Presentation

__ Finalize Powerpt. presentation

12

Nov. 9/10(F)

Irvine Team – Authentic Delivery Presentation
Capistrano (F) – Blog

__ Read KS: Ch. 8
__ Finalize Authentic Legal Incident Analysis

13

 

Nov. 16/17

STUDENTS WITH DISABILITIES
!DUE: Authentic Legal Incident Analysis!

!DUE: Final Powerpoint presentation! 

__ Read KS: Ch. 12

 

Nov. 23/24

THANKSGIVING HOLIDAY – NO CLASSES

__ Finalize all Portfolio documents

14

Nov. 30

& Dec. 1

LEGAL LEADERSHIP SUMMARY PORTFOLIO
Peer-Review of Candidate Portfolios
!Due: Portfolios all documents #1-12!
LEGAL LIABILITY

 

15

Dec. 7/8

COLLABORATIVE SEMINAR

LEGAL LEADERSHIP SUMMARY

 

 

 

Dec.  14/15

FINALS WEEK – NO CLASS

 

08/17/09

 

=========================

SCHOOL LAW & REGULATORY PROCESS
EDAD564

Linda C. Orozco, Ph.D., Professor

SUPPLEMENTAL INFORMATION

COURSE REQUIREMENTS:

20% CLASS PARTICIPATION
Every candidate enrolled in the course has the responsibility for its overall quality and enhances the breadth of perspectives developed by every other candidate. To fulfill your part, you must be present and participate fully.  There will be seminar activities, online activities, in-class collaborative assignments, and discussions of the topics, readings & course responsibilities. 

PARTICIPATION RUBRIC

 

Outstanding Contributor:  Contributions in class reflect thorough preparation.  Ideas offered are usually substantive; provide one or more major insights, as well as, direction for the class.  Arguments, when offered, are well substantiated and persuasively presented.  If this person were not a member of the class, the quality of the discussions would be diminished significantly.

 

Good Contributor:  Contributions in class reflect thorough preparation.  Ideas offered are usually substantive; provide good insights and sometimes direction for the class discussion.  Arguments, when presented, are, generally, well substantiated and are often persuasive.  If this person were not a member of the class, the quality of the discussion would be diminished considerably.

 

Adequate Contributor:  Contributions in class reflect satisfactory preparation.  Ideas offered are sometimes substantive, provide generally useful insights, but seldom offer a major new direction for the discussion.  Arguments are sometimes presented, and are fairly well substantiated and sometimes persuasive.  If this person were not a member of the class, the quality of the discussions would be diminished somewhat.

 

Non-participant:  This person has said little or nothing in this workshop or class.  Hence, there is no adequate basis for evaluation.  If this person were not a member of the class, the quality of the discussions would not be changed. 

 

Unsatisfactory Contributor:  Contribution in class reflects inadequate or non-existent preparation.  Ideas offered are seldom substantive; provide few, if any, insights; and rarely provide a constructive direction for the class discussion.  Integrative comments and effective arguments are completely absent.  Class contributions are, at best, “time fillers” efforts to make isolated, obvious, or confusing points.  If this person were not a member of the class, valuable class time would be saved.


20% QUIZZES

There will be unannounced quizzes conducted during the semester.  Quizzes will be multiple choice, true/false and short answer.  Quizzes will not be cumulative for the entire semester but only cover content since the last quiz.

 

10% LEGAL CASE ANALYSIS

Candidates will select one legal case for analysis.  Evaluation will be based on quality & thoroughness.  Major emphasis should be placed on the depth of discussion of the implications and applications for school administrators in educational settings.  Attach a copy of the case to your analysis.  Suggested length of case analysis: 2-3 single spaced pages. (More does not necessarily mean better!) J

Case Analysis Guidelines:

1.      State TITLE of the case and the YEAR.

2.      Identify the level or type of COURT hearing the case.  (Supreme Court? Federal Appeals Court? District Court?)

3.      What is the CORE DISPUTE?  [1-2 sentences]

4.      Summarize the BASIC FACTS of the case.

5.      List the ARGUMENTS presented by each side.  How did they try to defend their position/claim.

6.      Court DECISION.  How did the court rule on the issue(s)? (This is called the Holding or the Ruling).  Briefly state the reasons the court gave for their decision.

7.      * IMPLICATIONS: Because of this decision, what are the major implications for schools/districts/education generally? (Implications do not mean recommendations.  Implications are statements and often imply consequences)  To assist you in developing implications, it is sometimes helpful to categorize the types of impacts that may emerge. Examples of categories might include: a) curricular, b) economic/fiscal, c) academic, d) legal, e) social, f) cultural, g) language, h) human resource/personnel, i) accountability, j) instructional, k) ethical, l) political, m) family, and n) community.  Not all rulings will have all of the above categories, however there will generally be at least five of them that pertain. 

8.      *APPLICATION: In terms of application to the practical school setting, how will the administrators implement the ruling?  What specific school policies and/or procedures might change as a result of this decision? What are all the issues an administrator might consider before implementation?  If the case and its ruling took place in the distant past, and if this case were tried today, would the outcome be the same or different?

9.      * IMPLEMENTATION: If you were the principal of the school, what exactly would you do? Design and outline your implementation plan.  How will these changes be implemented?  Thoroughly outlining the details of your plan (in other words, leave no stone unturned), will yield the most effective results that will have the highest probability of promoting the success of all students as well as the community at large.

*These are the areas you really need to focus on.  Do your most creative and thorough thinking in these sections.

 

20% PROFESSIONAL PRESENTATION- LEGAL CONSIDERATIONS IN EDUCATION

Each candidate will demonstrate an area of expertise in school law by preparing and delivering a professional Powerpoint presentation to an authentic audience.  The candidate may select any topic/area related to educational law.  The presentation must include 10-15 slides and contain an audience participation component.  Presentations should be 30 minutes in length.  Presentations must be presented live by the candidate to at least one ‘authentic’ audience interested in the legal topic; for example, at a school, district or ‘other’ college class.  Presentation offerings will be announced to all CSUF College of Education professors, recent Tier II alumni of Dr. Orozco’s, and online at Dr. Orozco’s website.  Candidates will provide a presentation title and 50 word abstract by due date for posting on the website.  Presentations will be evaluated based on importance/usefulness of topic; depth, accuracy & relevance of content; quality of visual presentation and delivery; and quality & appropriateness of audience participation component.  Candidates will also be assessed for their efforts and actions in actually seeking & delivering the presentation to an ‘authentic’ professional audience.  Try to be fun, informal, entertaining and friendly in your presentation.

 

10% AUTHENTIC LEGAL INCIDENT ANALYSIS

Candidates are to interview any school, district or educational administrator about his/her involvement in a legal incident requiring the application of an aspect, or multiple aspects, of school law.  Maintaining strict confidentiality, candidates are to identify the basic facts of the incident, and describe them clearly and concisely.  Describe the specific legal elements applied (cases, constitutional amendments, statutes, Ed. Code, etc.); how the law to guided their actions; and the implications and applications that followed.   Summarize the entire incident in written form concentrating on as many pertinent details as possible.  At the conclusion of the entire report, include your personal reflection on what was learned from this legal leadership experience.

 

ADDITIONAL RESOURCES:

 

Professional Journals/Periodicals:

Education Law Association (ELA) School Law Reporter   http://www.educationlaw.org/links.htm

Journal of Law & Education    http://www.law.sc.edu/jled/

 

For Proper Citing of Resources:

American Psychological Association. (2001).  Publication of manual of the American Psychological Association (5th ed.).  Washington, DC.

 

Recommended Readings in Educational Law:

Camp, W.E., Connelly, M.J., Lane, K.E., & Mead, J. (Eds.) (2001). The principal’s legal handbook, 2nd ed. Dayton, OH: Education Law Association.

Fischer, L., Schimmel, D., & Stellman, L. (2003). Teachers and the law, 6th ed. New York: Longman.

Frels,  K., & Horton, J.L. (2003). A documentation system for teacher improvement or termination, 5th ed. Dayton, OH: Education Law Association.

Glaeser, B., & Calcagnie, K. (2006). The ABC's of school liability in California: A primer for lawyers, school districts, and educators. FORUM Consumer Attorneys of California, 36 (3). 30-36. Online: http://faculty.fullerton.edu/lorozco/lawglaeser.pdf

Gordon, W.M., Russo, CJ., & Miles, A.S. (2002). The law of home schooling. Dayton, OH: Education Law Association.

Herman, J.A., Huey, W.C., & Remley, T.P. (2003). Ethical and legal issues in school counseling. Alexandria, VA: American School Counselor Association.

Hyman, R.T. (1999). Mandatory community service in high school: The legal dimension. Dayton, OH: Education Law Association.

Kluger, R. (1976). Simple justice: The history of Brown v. Board of Education and black American’s struggle for equality. New York: Alfred A. Knopf.

Mawdslely, R.D. (2000). Legal problems of religious and private schools. 4th ed. Dayton, OH: Education Law Association.

Osborne, A.G., & Russo, C. J. (2003). Special education and the law: A guide for practitioners. Thousand Oaks, CA: Corwin Press.

Rossow, L. F., & Tate, J.O. (2002). The law of teacher evaluation. Dayton, OH: Education Law Association.

Rothstein, L. F. (2000) Special education law, 3rd ed. New York: Longman.

Russo, C. (2004). Reutters law of public education, 5th ed. Mineola, NY: Foundation Press.

Sageman, E. & Miller, L. (Eds.)(1996).  Brown v. Board of Education: The challenge for today’s Schools. Teachers College Press.

Stein, N. (1994).  Classrooms and courtrooms: Facing sexual harassment in K-12 schools. New York: Teachers College Press.

Tribe, L. H. (2000). American constitutional law, 3rd. Ed. Meneola, NY: Foundation Press.

Wollenberg, C. (1976).  All deliberate speed: Segregation and exclusion in California schools, 1855-1975.  Berkeley:  University of California Press.

Zirkel, P.S. (1996). The law of teacher evaluation: A self-assessment handbook. Dayton, OH: Education Law Association.