EDAD 5373 Fall22 W11 syllabus

Professionals for the 21st Century: Competent, Committed, and Ethical

PREREQUISITES: Admission to Graduate Study.

CATALOG DESCRIPTION: A study of the legal regulations as they relate to the administration of public schools.

REQUIRED MATERIALS:

Textbook: Essex, N. L. (2016). School law and the public schools: A practical guide for educational leaders, Pearson: Boston, MA.

A current Anthology (called “e-portfolio” by the bookstore) subscription is required for students in this course and will be required for other courses in the Educational Administration degree and certification programs. An Anthology e-portfolio subscription is available from the campus bookstore in a 1-, 2-, 3- or 4-year subscription. You may purchase the one you feel most appropriate for you.

REQUIRED TECHNOLOGY MATERIALS:

Please read the Technical Requirements policy on the Southeastern Distance Education website

http://homepages.se.edu/blackboard/student-support/browser-recommendations/

In short, you will need a reliable computer with adequate specs and a reliable internet connection. I also highly recommend arranging a “plan B” in case of problems. Often, problems occur that are browser related. If something isn’t working right, try another browser. Google Chrome and Mozilla Firefox typically work well. All assignments will be sent electronically to the instructor via Blackboard’s (Bb’s) ‘Assignments’ page . Most assignments will be submitted as an electronic attachment— only Word documents or PDFs will be accepted. Keep a backup copy of all completed assignments, just in case.

Anthology (our assessment and accreditation data gathering system) is a required purchase for all students in this class. Anthology portfolio codes are available from the campus bookstore in a 1-, 2-, 3- or 4-year subscriptions.  You may purchase the one you feel most appropriate for you.  For technical assistance with Anthology please review the Technology Help guidance. You may also contact Jennifer Arnold at [email protected] se.edu.

CONCEPTUAL FRAMEWORK: Decision making resides at the heart of navigating the legal maze that governs the operation of public schools. Gee and Daniel (2014) pointed out that “The legal power and motives of various individuals and groups to control educational decision-making are central issues in the interface of law and education. Decision-making by bodies charged with administration of public education is one of the most significant areas of law in terms of its effects on the lives of individuals and groups in American society” (p.3). The primary sources that provide the foundation for legal research are, according to LeMorte (2012), “state and federal statutes and constitutional provisions, along with court decisions interpreting them” (p. 355). Alexander and Alexander (2019) describe a public school as “a governmental agency” whose “operation is circumscribed by precedents of public administrative law supplemented by those legal and historical traditions surrounding an educational organization that is state established, yet locally administered” (p. 2).

Most of the legal issues pertinent to the operation of public schools have their historic roots in the First, Fourth, Eighth, Tenth, and Fourteenth Amendments to the United States Constitution. Absolute answers to complex questions in the field of legal research do not exist. This principle was acknowledged by Justice Frankfurter in Sweezy v. New Hampshire, 354 U. S. 234 (1957):

To be sure, this is a conclusion based on a judicial judgment in balancing two contending principles—the right of the citizen … and the right of the State. And striking balance implies the exercise of judgment. … It must not be an exercise of whim or will. It must be an overriding judgment founded on something much deeper and more justifiable than personal preference. As far as it lies within human limitations, it must be an impersonal judgment. (pp. 266-267).

The notion of balancing the rights of individuals (students, teachers, parents) and the rights of an institution (the school) is central to the study of school law.

PORTFOLIO/RESEARCH COMPONENT:

Each student will select an area of the law and write a paper demonstrating knowledge of the law and how that area of the law is applied to public schools.

Note: All projects and research will use APA 7th edition citation format. Research resources can be located on the Henry G. Bennett Library tab on Bb.

COURSE OBJECTIVES AND DEMONSTRATION OF SPA/CONTENT COMPETENCIES/STANDARDS:

Major Course Objectives–Students will:

Identify major sources of law, describe the levels of courts in the federal court system and the functions of each level.

Identify important individual rights guaranteed under the U.S. Constitution and how these rights have been interpreted by the courts in terms of the context of public schools to create safe and supportive learning environments. InTASC

Standard 3

Identify and describe the statutory and case law designed to protect the rights of specific populations in our society including, but not limited to, ADA, IDEA, Title IX, Title VII, and ADEA. InTASC Standard 2.

NELP Standards:

Standard 2: Candidates who successfully complete a building-level educational leadership preparation program understand and demonstrate the capacity to promote the current and future success and well-being of each student and adult by applying the knowledge, skills, and commitments necessary to understand and demonstrate the capacity to advocate for ethical decisions and cultivate and enact professional norms. Component 2.1 Program completers understand and demonstrate the capacity to reflect on, communicate about, cultivate, and model professional dispositions and norms (i.e., fairness, integrity, transparency, trust, digital citizenship, collaboration, perseverance, reflection, lifelong learning) that support the educational success and well-being of each student and adult. Component 2.2 Program completers understand and demonstrate the capacity to evaluate, communicate about, and advocate for ethical and legal decisions. Component 2.3 Program completers understand and demonstrate the capacity to model ethical behavior in their personal conduct and relationships and to cultivate ethical behavior in others.

Standard 6: Candidates who successfully complete a building-level educational leadership preparation program understand and demonstrate the capacity to promote the current and future success and well-being of each student and adult by applying the knowledge, skills, and commitments necessary to improve management, communication, technology, school-level governance, and operation systems to develop and improve data-informed and equitable school resource plans and to apply laws, policies, and regulations. Component 6.3 Program completers understand and demonstrate the capacity to reflectively evaluate, communicate about, and implement laws, rights, policies, and regulations to promote student and adult success and well-being.

TECHNOLOGY COMPONENT:

Students in this course will interact with the professor during virtual class meetings and learn how the U.S. Constitution has been applied to issues such as student speech, teacher speech, and search and seizure.

DIVERSITY COMPONENT:

In this course, students will learn how the law is applied to diverse populations including the Equal Protection Clause applied to desegregation litigation, Title IX to transgender students, Title VII to transgender employees, Title I in providing for economically disadvantaged students, and ADA/IDEA protection for persons with disabilities.

ASSIGNMENTS ASSESSED:

GRADING SCALE

A = 900-1000 points, B = 800-890 points, C = 700-790 points, D= 600-690 points, F = below 600 points

DISCUSSION BOARDS:

Students are required to participate in group discussions as indicated on Blackboard. There will be a total of 5 graded discussion boards, one each week, beginning with the second week of class and the final graded discussion occurring during the sixth week. Each discussion board will be available beginning at 7 am Tuesday through 11:59 pm on Sunday of the week in which it is assigned. For full credit (30 points), students must post at least 3 times, an initial post responding to the prompt, and two additional posts responding to at least one other classmate. Be sure you address the relevant passage(s) from the textbook as well as relevant case and/or statutory law. Posts without substance (e.g., Good job! or “I agree.”) will receive no credit.

REFLECTION PAPER:

The final assignment for this class is a two-page reflection paper which is due by 11:59 pm on the Sunday of week 7. This is not a formal paper with citations; it is just your reflection about what you learned in this class, any unexpected discoveries or ideas/concepts new to you.

EXPECTATIONS, PROCEDURES, POLICIES

1. Email Address – You are required to use your Southeastern student email address when using Blackboard. In addition, you are required to REGULARLY (every day) check your Southeastern student email account. All email correspondence will be sent to your SE student email address. Refer to the Blackboard (Bb) login page for details about your SE student email address. Be sure to include your name and course & section number in every email you send to me, and on each document that is attached. Improper labeling can result in delays in responding or grading your assignments. Some of your email addresses don’t give a clue as to who you are. You are identified by your name, not your email address, on the Registrar’s printout, on my roster, and in my grade book.

2. Class Operating Procedure — All official class correspondence will be conducted through Blackboard (Bb) and your Southeastern email. Each student is to check and read her/his Southeastern email and the Bb site for this class (including all posts on the Discussion Board) every day. This does not mean that something will be sent or posted every day, but by following this procedure the class will run much more smoothly.

3. Response to Students–Students should expect a timely response to email questions and prompt grading and posting of assignments and exams. Unless an announcement was posted indicating my lack of availability, you should receive a response to your email the same day. If you haven’t received a response within 24 hours, please email again just in case I overlooked it.

4. Assignment Expectations–Specific guidelines, requirements and details will be given for each assignment. The time to complete each assignment will vary from student to student. It is your responsibility, as a university student, to budget your time adequately to successfully complete the assignments. Since this course is in a condensed seven-week period, it is reasonable to expect roughly double the work of a typical semester-long course. Some tips: Break tasks into manageable portions, work ahead, clean up as you go!

5. Due Dates and Submissions–Unless specified otherwise, assignments will be due by 11:59 p.m. of the due date. Unless otherwise stated, all assignments will be submitted electronically on Bb (usually on the ‘Assignments’ page) . Specific directions for the mode of submission will be given for each assignment. Most assignments will be submitted as an electronic attachment— only Word document attachments will be accepted. Keep a backup copy of all completed assignments.

Late assignments will only be accepted at my discretion and make-up exams and quizzes will not be given. If you anticipate missing a deadline, please contact me before the deadline and we will try to make arrangements. In the event a late assignment is accepted, I reserve the right to assess a point reduction to your score on that assignment. I know sometimes life happens; I ask that you stay in touch with me so we can do everything possible to keep your current in your coursework.

The professor reserves the right to make adjustments to the syllabus and/or grading policy as needed in order to meet the instructional needs and goals of the class. Students will be notified of any adjustments to the syllabus. I do not raise grading scales. When you submit an assignment on Bb, you should receive an email in your SE email account, providing time/date stamped confirmation your assignment has been received. Please be sure to click the submit button and look for the receipt in your email before contacting me about submission issues. I strongly recommend you keep a copy of each confirmation email to provide a digital "paper trail" for your submissions.

University and School Policies and Resources

6. Academic Integrity and Doing Your Own Work: Using another’s intellectual property and representing it as one’s own violates academic integrity and is known as plagiarism and constitutes academic dishonesty. Any time you use another’s work it must be put in quotation marks and the source must be cited. Specific details for citation and quotation in the Personal Philosophy assignment will be provided. Academic Dishonesty also includes “cheating” on exams or other assignments, whether by copying from another student, using unauthorized study materials or methods, or by supplying answers to another student. All students are required to produce their own work unless the activity has been designed as a group project. Collaboration and cooperative efforts will be encouraged. However, for individual assignments the work must be your own. When two or more students’ submission exhibits pronounced similarities, I will study the work and take appropriate action. The point: work that is submitted must be your own.

Evidence of cheating, presenting another’s work as your own, or any other form of academic dishonesty will be taken seriously and will be dealt with according to Southeastern’s Student Code of Conduct. According to the Code, faculty may establish additional guidelines on academic integrity specific to their course setting and may recommend penalties for academic dishonesty including “withdrawal from the course, reduction or changing of a grade in the course, test, assignment, or in other academic work; denial of a degree and/or performing additional academic work not required of other students in the course” (Section D.1, a, page 10). Other penalties may include assigning a failing grade and informing the student of their right to appeal through the Graduate Council and referring the matter to the Vice President for Student Affairs as a violation of the University’s Student Code of Conduct.

Assistance/Tutoring in Writing:

1. As a student at Southeastern, your fees have already paid for access to Smart Thinking, an online tutorial service. Smart Thinking’s services include personalized, live, and online assistance. Visit http://www.se.edu/current-students/smart-thinking/ to take advantage of these services.

2. The Writing Center is also available to help with your writing. Here is the contact information: http://www.se.edu/dept/learning-center/writing-center/

University Mandatory Syllabus Statements:

1. Mental Health Support: Any student (in-person or online) who desires free, confidential, mental health services is encouraged to contact Student Wellness Services at (580) 745-2988, during business hours, to discuss the options currently available to them. For 24-hour emotional crises, you may call or text the National Suicide and Crisis Lifeline at 988 or use the online chat at 988lifeline.org.

2. Disability Accommodations: Any student needing special accommodations due to a disability should contact the Office of Disability Services, GDJ Student Union Room 328 or call (580) 745-3036. It is the responsibility of each student who anticipates or experiences barriers to their academic experience to make an official request for disability related accommodations in a timely manner. If you have questions regarding disability accommodation process or policy please contact [email protected] for more information.

3. Equity and Non-Discrimination Statement: Southeastern Oklahoma State University, in compliance with all applicable federal and state laws and regulations, does not discriminate on the basis of race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity, or status as a veteran in any of its policies, practices, procedures, or programs. This includes, but is not limited to: admissions, employment, financial aid, and educational services. Inquiries regarding non-discrimination and equity policies may be directed to: Michael Davis, Title IX Coordinator, (580) 745-3090, or [email protected].

4. Conversion of Onsite Classes to Online/Remote Format: Southeastern students should be aware that in the event of an announced extended University closure due to emergency reasons (including but not limited to: controlling outbreaks such as COVID or flu, weather, issues with campus facilities, etc.) onsite classes may be converted to an online/remote format. Students should plan ahead to ensure they have access to the computer equipment (either PC, MAC, or tablet), webcam, and internet connectivity to continue their classes in an online/remote format. Please read all of your official Southeastern student emails as the transition from onsite to online/remote might require a reorganization in your personal situation. Students will be granted a 72-hour transition and grace period. Online classes will continue as scheduled without disruption unless otherwise announced. When these situations arise stay safe and contact your Instructor as the situation requires. This policy was updated on June, 11 2022 and is subject to change.

5. Academic Dishonesty of any kind will not be tolerated. You may fail an assignment, fail the course or be expelled from the University for academic dishonesty. As a student, it is your responsibility to be familiar with and abide by The Student Code of Conduct, which may be viewed in the Student Handbook. Please note that your own original work is expected for all assignments that you submit. Ignorance is not generally accepted as an excuse.

6. The Temporary COVID-19 Attendance Policy used for AY 21/22 has expired. Faculty are reminded that they should provide their own section on their syllabus with clear attendance polices for the class.

The information below is to provide context for faculty and is not intended to be a required statement:

There may be times where a student is isolating, quarantining, or recuperating from COVID-19 that will require an extended absence from class. In this case an extended absence for COVID 19 illness is set as the equivalent of one week of class. In those instances, the student should work with the Office for Student Affairs to notify instructors. Students will be asked to provide Student Affairs documentation of the illness/absence. Faculty will receive an email from Student Affairs regarding the reason for the extended absence of the student. Faculty will then determine if and how consideration for the work missed will be handled. Students with a long-covid diagnosis will work with the Disability Office for an accommodation.

ACADEMIC CALENDAR – SOUTHEASTERN OKLAHOMA STATE UNIVERSITY: http://www.se.edu/dept/registrar/calendar/

COURSE EVALUATIONS

All students are required to complete anonymous evaluations of this course. A link to the course evaluation will be provided in Blackboard/Announcements during the last week of the course.

TENTATIVE COURSE SCHEDULE

Week 1

Introduction to the course; Legal Influences and the Schools (Chapter 1)

Course Introduction

Sources of Law

The United States Constitution

School Laws of Oklahoma and Texas

Case Law

Executive Orders

Attorney General Opinions-

The Judicial System

State Courts

Federal Court System

Week 2

Church-State Issues (Chapter 2)

Week 3

Student Rights: Free Speech, Due Process, (Chapters 3 & 4)

Week 4

Search & Seizure; Students w/ Exceptionalities (Chapters 3 & 5)

Week 5

Teachers and the Law: Free Expression, Academic Freedom; Copyright Law (Chapters 8 & 9)

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