online ed 568, school law, introduction presented by catherine hardison, phd, jd and charles...

Online ED 568, School Law, Introduction

Presented by

Catherine Hardison, PhD, JD

And

Charles Wheaton, PhD1Educ and Law-2010-11-12

Educ and Law-2010-11-12 2

Who Are You/What do you need? Using fillable form, introduce self What hope to gain (Plus RT Safety

Questions) List on Whiteboard


TIMES, DATES, BREAKS Scheduled Elluminate Sessions

5/17; 6/7; 6/28; 7/12, 2011 (Tuesday) 5:30-8:30 PM (3 hrs) BREAK 7:00-7:15 PM

Scheduled Office Hours (Tuesday) 6:00-7:00 pm 5/24; 5/31; 6/14; 6/21; 7/5;

Offline 5/18 to 6/6; 6/8-6/27; 6/29-7/11, 2011. (Chuck will be primary coverage 7/1-10)

You can e-mail us any time


Format for Educ Law Course Cover topics as related to Public Schools-the textbook has chapters

1. Legal framework Affecting Public Schools 2. Religion and the Public Schools 3. Students, the Law and Public Schools 4. National Security and School Safety 5. Individuals with Disabilities 6. School Personnel and School District Liability 7. Liability and Student Records 8. Teacher Freedoms 9. Discrimination in Employment 10. Recruitment, Tenure, Dismissal and Due Process 11. The Instructional Program (will not cover, ED 527 Schl Curr covers) 12. School Desegregation (some coverage during first class) 13. School Finance (will not cover, ED 569 Schl Finance covers)


Cooperative Group Formation Why?

Gain from each other’s efforts All share a common fate (sink/swim) Cannot do it without you Pride and celebration when we achieve together Form collegial relationships that will be invaluable

in the future Law is a team effort, attorneys do not practice in

isolation-neither should you-EVER!

Cooperative Online Learning Groups

Five characteristics of our groups1. Positive Interdependence

Unique in your contribution Promotes your self-esteem Develops your oral communication Promotes positive relationships among

various groups—your story is told


Cooperative Learning Groups Five characteristics of our groups

2. Online Virtual Face to face interaction Oral explanations-problem solving Teach each other Check for understanding Discuss concepts, underlying framework Connect past-present-future


Cooperative Leaning Groups


Cooperative Leaning Groups Five characteristics of our groups

4. Social/Leadership Skills needed: Leadership Decision-making Trust-building Communication Conflict-management


Cooperative Learning Groups Five characteristics of our groups

5. Group Processing—You discuss how well the group is achieving goals and

maintaining working relationships What member actions are helpful and not

helpful And make decisions about what behaviors to

change and what to keep

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Cooperative Learning Groups Any part that is uncomfortable? Willing to try? Let’s move into virtual group setting In group you will ask the questions of

each other and record short version of answers posted to group whiteboard

Then we will come back and you share

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Who am I, Why Do I Teach School Law?

Extensive background in education Teaching, 5-12 + adult education

Biology, health, phys educ + coaching, all elementary subjects

Administration Special Education Director (5 dist coop, severe/profound) Grants Management-Author/Administrator Principal, elementary, junior high/middle school Assistant Superintendent Superintendent

Educational Service District (14 years) Director of Prog Serv (curriculum, grants, technology,

traffic safety, school safety, drug & alcohol, etc., etc.)

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Who am I, Why Do I Teach Education Law?

I am a practicing attorney. I have, am working, with cases in family, personal injury, employment, school law, juvenile justice, corporate fraud, etc.

I still care, I still want to help students get an education and schools to educate kids. Legal issues should not be in the way of our future (the kids)

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Who am I, Why Do I Teach Education Law?

Legal tie in through Peterson Law Clinic, Columbia Legal, Criminal Justice Training Commission, Heritage University, Dispute Resolution Center (trusts and estates, victim offender mediation, family law)

Meaning? Marriage of education and law + desire to affect the future = teaching of school law to those who will carry education into that future)

Dr. Wheaton—WHO R U? Former Elementary School Teacher,

Principal, Director of a variety of programs, Asst. Superintendent, Superintendent 1973-2009.

Adjunct Faculty in many classes preparing school leaders.

Doctorate with a focus on Servant Leadership.

Two grown children and seven grandchildren.

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One More thing__ OCRGP—you are a part of it--OCR1 Please tell your friends, we start OCR2 this fall Announcement about OCR2 fall 2011

Pro-Cert Master of Education, Prof Studies in Teaching and Learning (PSTL)

Master of Education, PSTL Master of Education, Educ Admin Educational Admin, Principal and Admin Certification

For more information: Initial Contact is SaraBecca Martin [email protected]

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Set Up of Class Interactive, Contribute, Don’t Dominate Don’t leave me/us dangling to look STUPID Rules of Common Courtesy--Do we need

them? Respect for others and their learning Protocol for online is in the syllabus-can you read the fine print? “In the K12 education system, classroom teachers are expected to work in collaborative teams and to be

respectful of each other’s positions and suggestions. Likewise, in the Heritage Master of Education Program, each student is expected to carry his/her portion of the responsibilities as well as be supportive of other participants’ efforts. Disrespectful comments and behaviors toward other students and/or the faculty are not acceptable at any time in the on or off line environment (e.g. Respect for the opinion of others, nonuse of inappropriate humor, timely completion of assignments, acceptable contributions to collaboration activities).”

Final Evaluation (CoursEval) Class

We will give you time the last Elluminate Session to complete this.

Areas: Online Learner Outcomes Explained Conceptual Framework Tied to Standards Opportunities-peer interaction, instructor guidance Instructional Resources Collegial Relationships Critical Reflection

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Final Evaluation of the Class Variety of Eval Methods Informative feedback Community of Diverse Learners Applicable to Professional Goals LEARNED? HELPED YOUR LEARNING? HINDERED YOUR LEARNING?

Charles: MyHeritage site

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Again… What do you need from class-anything

else? GOALS FOR YOU PERSONALLY?

Added to White Board RECORDED ON PP Slide for next time WE WILL REVIEW AND CHECK HOW

WE ARE DOING

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SHARE, SHARE, SHARE BRING

QUESTIONS-ask and send NEWS ARTICLES/REPORTS TO CLASS-send them to us

for extra credit DISTRICT POLICIES, PROCEDURES COPY OF

STUDENT, STAFF HANDBOOKS find out how to access Are they online? Have the links

ready for Elluminate Sessions) Remember not to close Elluminate when using your link

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Tie to Conceptual Framework As you know, Heritage University has a

conceptual framework. School law ties into the framework Framework--can you explain it and

connect the study of law Picture next slide (also on your

syllabus)

HU Conceptual Framework + Sloan Consortium Pillars

Diagram:

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Conceptual Framework Task Group I

Building Comm of Diverse Learners Collaboration

Group II Reflecting Critically Action

Group III Facilitating Constructivist View of Teaching, Learning and

Leading Empowerment

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Conceptual Framework Discussion in GroupsMeaning what to school law?

The First levels Building a community of diverse learners-Grp I Reflecting critically—Grp II Facilitating a constructivist view of teaching,

learning and leading-Grp III The Second Levels

Collaboration (Grp I), Action (Grp II), Empowerment (Grp III

The Final Level—All Together

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Questions? Ask, ask, ask Law is a series of questions

Cannot find the answer, then probably not asking the right question

Meaning?

Want an black and white answer?

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Disclaimer for Educ Law Class

I am not and cannot be your attorney, meaning I cannot give you or your district/organization any

legal advice while I am the instructor in this class I/we expect that information shared in this class by

others will remain confidential—it is important to agree to this expectation so we can have frank and open discussions. Anyone not willing?

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Complexity of School Law School Law is a conglomerate of many fields

of law, such as: K, Tort, Criminal, Civil Procedure, Criminal

Procedure, Labor and Employment, Family, Employment Discrimination, Evidence, Corporate, Constitutional, and Property.

A district is a government entity and school employees are quasi-government actors

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Washington State School Law While we will focus on federal law in

many instances, part of our focus has to be on Washington State School Law.

In a conflict of laws, federal law prevails unless state law is more restrictive

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Let’s BeginSeparate, but equal. . . It is 1953 and you are a staff member in a

school district that separates black students from white students (REVIEW PLESSY in groups)

The district uses several arguments to support its policy USSC court case Plessy v. Ferguson (1896)

established the rule that segregation of the races is reasonable if based on the established custom, usage and traditions of the people in the state

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Separate, but equal. . . Berea College v. Kentucky ruling made it a crime to

operate a school “where persons of the white and negro races are both received as pupils for instruction.” It did not want to commit a crime.

The facilities, faculty, libraries, sports fields, etc. are all equal, so what is the problem with separation? That was the question.

Plessy v. Ferguson court stated that the 14th amendment was to enforce absolute equality, but it could not be intended to abolish distinctions based on color, or to enforce social or a commingling of the two races based on terms unsatisfactory to either.

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Separate, but equal Further, Plessy found that legislation is powerless to

eradicate racial instincts. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the constitution of the United State cannot put them upon the same plane…

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Separate, but equal. . . What are your responses? (In groups answer these

questions, have a spokesperson ready to share with whole group) Can the district legally justify its position? Yes/No? Why? Are you angry yet? Is your sense of justice

aroused yet? Are your advocacy skills being sharpened?

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Separate, but equal. . . It is now September, 1954. What is your opinion now? What case(s) will you use to justify your

position?

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Separate, but equal. . . FACTS: Black children had been denied admission

to public schools attended by white children under laws requiring or permitting segregation according to race. It was found that the black children’s schools had been or were being equalized with respect to buildings, curricula, qualifications, and salaries of teachers.

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Separate, but equal. . . ISSUE: Does the segregation of children in

public schools based solely on the basis of race, even though the physical facilities are equal, deprive the children of the minority group of equal protection of the law?

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Separate, but equal. . . In what state was Brown v. Board of Educ initially

brought to court? (surprised?)

Separate, but equal. . .

Brief Brown in virtual groups, using briefing sheet you have downloaded, ask each other… What are the basic FACTS—see the previous slide What is the legal ISSUE—see the previous slide What was the court RULING—decide in groups What were the important points of ANALYSIS-decide in

groups What did the court CONCLUDE (anything more than the

ruling?)—decide in groups

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Separate, but equal. . . Come back into main group and discuss

answers to: What was the court RULING? What were the important points of ANALYSIS? What did the court CONCLUDE (anything more than the

ruling?)?

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Separate, but equal. . .Back to Brown

RULE: The “separate but equal” doctrine has no application in the field of education and the segregation of children in public schools based solely on their race violates the Equal Protection Clause.

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Separate, but equal. . . ANALYSIS: (Warren, C.J.)

Must consider intangible as well as intangible factors. Facilities, teacher salaries, etc. equal, BUT Segregation of while and black students in public schools

has a detrimental effect on black children b/c policy of separating races is usually interpreted as denoting inferiority of black children.

A sense of inferiority affects children’s motivation to learn.

Lau v Nichols Video http://metro-search.com/sfusd-bilingual-

education-lau-vs-nichols-sfgtv-san-francisco/

We will watch together now

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Lau v. Nichols If you find that a school district was not

providing opportunities to a population protected by the ruling, what statement from the video would you use to argue for a change?

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Lau v. Nichols What was the issue in this case-if

needed use your case handouts? How does the ruling (or does it) differ

from Brown v. Board of Education? How is the case reflected the historical

development of curriculum in your district?

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San Antonio School District v. Rodriguez

Using your case handout for reference tell us the following: What was the issue in this case? What is your opinion about the finding/rule

issued by the USSC? Why or why not does this case apply to

Washington state?

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What Has Happened recently? Consider reviewing “It Takes a

Hurricane” article about the rebuilding of the schools in New Orleans after Katrina.

The link is on MyHeritage under Handouts

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Separate, but equal. . .The argument is one of constitutional rights.

Equal Protection means the state or governmental actor has to pass what is called a strict scrutiny test

IF the rights being denied belong to a suspect classification.

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Separate, but equal. . .Criteria for a suspect class means that the class: must be “saddled with such disabilities, or subject to

such a history of purposeful unequal treatment, or relegated to such a position of political powerless-ness as to command extraordinary protection from the majoritarian process” 411 U.S. 1, 28

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Suspect Class1) Alienage 403 U.S. 365, 372, (born in foreign

country, owes allegiance to that country)

2) Nationality 332 U.S. 633, 646 (political status is alienage, civil status is where domiciled)

3) Race: 379 U.S. 184, 191 (ancestry as opposed to national origin)

4) Other (voting, interstate travel, education, marriage, procreation)

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Court Scrutiny to Determine Discrimination

Strict: very hard to meet standard Classification scheme, necessary to, and gov’t has the

least intrusive means of, achieving a compelling state interest. (vote, interstate travel, education, marriage and procreation)

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What About Gender?

o In Wash, strict scrutiny (covers boys and girls, men and women) What about men and boys, do they need special protection?

o Federally, intermediate scrutiny

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Format for Education Law Cases Expectations:

Know relevant legal terms Able to brief a case (You just did) Summarize major constitutional issues and

federal/state statutes affecting schools today Answer scenario questions Answer Essential Questions (Reflection) Participate in class Contribute to and present a legal issue study

on the last day Elluminate session.

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FINAL GROUP PROJECT

I. LEGAL ISSUE/QUESTION: A description of the issue/legal question, include at least two current cases related to the issue.

2. WHY IS THIS A LEGAL ISSUE?

3. HOW DID THE ISSUE IMPACT DIFFERENT CULTURES within the system?

4. WHAT WAS THE RESOLUTION OF THE ISSUE?

5. HOW COULD the issue have been resolved differently by specific actions on your part?

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Essential Questions (see Syllabus) A Final Reflection Paper

Keep up-to-date on federal and state laws/WAC’s and local board policies? Demonstrate my ability to use appropriate written, verbal, and non-verbal communication in

a variety of situations related to school law? When making decisions, how will I consciously incorporate professional ethics and values? How would you analyze and evaluate the impact of race, language, and poverty on student

achievement based upon three U.S. Supreme Court Landmark cases (e.g., Brown v. Board of Education of Topeka; Lau v. Nichols; San Antonio Independent School District v. Rodriguez)?

How can a course in School Law have a positive impact on student learning or a counseling session?

What legal concepts after attendance at a school board meeting or a court session? Describe the impact on student learning of the two latest legal issues involving Social

Networking through the internet.

THE RUBRICS-To Judge QualityLet’s Review sample areas

Sample Areas Beginning Developing Accomplished

Grammar (errors)

Spelling (errors)

Organization

Formatting

Case Cite

Case Cite Reasoning

Clarity

Will be posted on My Heritage Course Information

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Any Questions? Briefing a case? Others? Now, the steps in a lawsuit…

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Steps in a Lawsuit Civil Suit, not a criminal matter Seeking relief (damages, injunction) Let’s prepare an example:

Plaintiffs –why suing, claims? Defendants-how defend

1. Demand: Dispute, one party informally demands from other party, who informally responds

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Steps in a Lawsuit2. Lawyer’s letter: Things do not work out, so

party asks lawyer to send a letter. Usually considered legally significant, other party will respond through his/her attorney.

3. Pre-litigation Settlement Discussions: Parties and lawyers meet. Informal discussion at this point, still trying to work things out, but discussion is more serious

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Steps in a Lawsuit4. Formal Suit: If filed with the court within

legally defined timelines, formal action begins. The public is now aware of the action.

5. Answer: Defendant is served with legal process and he/she/it must provide a formal answer within the specified time limits. If D does not answer, he/she/it defaults and usually will lose its case.

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Steps in a Lawsuit6. Discovery: Pre-trial at this point. Both parties

attempt to obtain evidence favorable to their sides. Can be testimony (deposition) of witnesses (W), examination of all sorts of documents, or physical evidence.

7. Motions: Many types. Can try to exclude evidence, narrow issues allowed, compel other side to act in a certain fashion, or even avoid trial (all facts at issue are agreed, only application of law is needed)

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Steps in a Lawsuit

8. Judge’s Pre-trial Conference: Judge meets with both sides’ attorneys to try to narrow issues further, or even reach a settlement without going to trial.

(Trying to conserve court’s valuable and finite time)

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Steps in a Lawsuit

9. The Trial: How many have been on a jury, involved in a lawsuit, watched a trial/hearing?

Judge or jury based?

Judge: Finder of fact and settles issues of law

Jury: Finder of fact, judge still settles issue of law.

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Steps in a Lawsuit

10. Judgment: After trial, court enters judgment.

11. Post-trial Motions: Losing party trying to convince Original judge some part of the trial is inappropriate. Why a problem?

and Appeals: To a higher court

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Steps in a Lawsuit

12. Collection of the Judgment: The victorious party has the job of collecting the judgment. Problems arise when Ds hide assets, or assets can be exempt from claims of creditors.

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The Lingo, the Power We use it to separate ourselves.

Educators, other fields have lingo, so do attorneys Idea is to create a gap, so expertise can be sold.

If you do not understand the language, the expert has an economical advantage.

We can narrow the gap!

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The Lingo, the Power Important foundation for all that follows. As legal lingo surfaces, we will spend time each

session coming to grips with the language that sets the field of law apart.

Education naming game-You play it every day! Every field has its own lingo. It helps set it

apart from other fields and gives it a special status.

Understanding legal terms gives you power

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The Night Before Christmas?? What would it sound like from a lawyer’s

perspective? (Who is willing to read it to us)

Could you explain a legal document to another person?

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Powerpoints Are all on the Heritage Website in the

Handout Bank. Recommend you print 6 on a page, not one per page. Have to select “handouts”

Important: You can cut and paste from the handouts for answers to the scenarios!

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Scenarios Hopefully you have downloaded the set from My

Heritage-anyone have trouble? You can have the process in your groups set up

however you want, but each group will need to send me/us the set of answers on time for each chapter-only one per group!

Scenarios-help for you! Location: On MyHeritage Description: Each scenario is like an online “in-basket” activity involving

your Cooperative Learning Group members’ input. Expectations: Work as a group, one person submits. Be sure to

identify who is in the group and your group number or name. Use the Scenario template to fill in your responses.

Resources: Use your PowerPoint, text, websites, handouts, collective bargaining agreements, district policy and procedures, and local, state, and federal cases and laws as appropriate.

Assessment (see Rubric on My Heritage)

QUESTIONS

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Football NCLB Style All teams must make the state playoffs and

all MUST win the championship.

* If a team does not win the championship, they will be on probation until they are the champions,

* And coaches will be held accountable. If after two years they have not won the

championship, their footballs & equipment will be taken away UNTIL they do win the championship.

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Football NCLB Style All kids will be expected to have the SAME

football skills at the SAME time, even if they do not have the SAME conditions or opportunities

to practice on their own.

NO exceptions will be made for lack of interest in football, a desire to perform athletically, or

genetic abilities or disabilities of themselves or their parents.

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Football NCLB Style

ALL STUDENTS WILL PLAY FOOTBALL AT A PROFICIENT LEVEL!

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Football NCLB Style Talented players will be asked to work

out on their own, without instruction. This is because the coaches will be using

all their instructional time with the athletes who aren't interested in football, have limited athletic ability or whose parents don't like football.

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Football NCLB Style Games will be played year round, but statistics will only be kept in the

Fourth Game Eighth Game

Tenth Game

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Football NCLB Style It will create a New Age of Sports where every

school is expected to have the same level of talent and all teams will reach the same minimum goals.

If no child gets ahead, then no child gets left behind.

If parents do not like this new law, they are encouraged to vote for vouchers and support private schools that can screen out the non-athletes and prevent their children from having to go to school with bad football players.

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Who Influenced(es) You? Board of Directors Activity (if time).

SEE PPP

online ed 568, school law, introduction presented by catherine hardison, phd, jd and charles...

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