Department of Administrative and Instructional Leadership EDU 5791— Legal Aspects of the Administration of Schools

Location: Marillac 316 Credits: 3 Professor: Olson Phone: 718-990-5705 Fax: 718-990-2071 Email: [email protected] Office: Library 408 Office Hours: by appointment Dates: Wednesdays at 6:50 pm

COURSE DESCRIPTION

Overview of New York Education Law with an emphasis on constitutional principles. Analysis of law and interests of individuals and groups in specific cases through group projects. Classroom and online discussion of particular importance. Assigned internship activities.

VI. COURSE OBJECTIVES 1. Refine educational judgment about problems with acknowledgement of legal implications, particularly based on individual and group interests. 2. Review the legal principles most important for public school administrators and the application of these principles to specific cases. 3. Provide an understanding of how law affects educational practice in public schools. 4. Learn where to find answers to legal questions.

III. STATE COMPETENCIES 1. Student Support Services, including the provision of services to students with disabilities (and students who are English Language learners). 2. Apply statutes and regulations as required by law, and implement school policies in accordance with law. 3. Exercise professional judgment about problems involving legal implications.

IV. COURSE OUTLINE 1. Legal Authority 2. Contracts and Collective Bargaining 3. Intentional Torts 4. Negligence 5. Procedural Due Process and Employee and Student Discipline 6. Substantive Due Process and Government Restrictions on Life, Liberty and Property 7. Religious Freedom: Free Exercise of Religion and Freedom from Establishment of Religion 8. Freedom of Expression 9. Search and Seizure 10. Discrimination, Equal Protection and Sexual Harassment

V. COURSE TEXTBOOKS

New York State School Boards Association and New York State Bar Association. (2008). School Law, 32nd Edition. LexisNexis.

VII. COURSE REQUIREMENTS

In this course you will learn the material about each topic by

1. Engaging in a discussion about the topic based on the text, other resources and other students’ comments; 2. Either completing a project or commenting on a project; and 3. Applying the material to a specific school through an internship.

Effective Participation There will be a grade for effective participation. Throughout the semester students will have the opportunity to participate in group projects and classroom and online discussions. The participation grade will be equal to two projects. Every class member will have the opportunity to provide feedback about the participation of other class members, particularly in group projects. These responses will be considered in the participation grade. Students will be required to obtain information from a principal as part of their internship activities.

Effective participation means that you move the course toward its objectives. The comments that you make in class and online should be relevant and meaningful. You should engage other students in pursuit of the course objectives. You should not lead the class on tangents, comment, or write just for your own satisfaction. Your online postings should be grammatically correct with correct spelling. Casual Internet language is not appropriate for this class because one of the class’s purposes is to reinforce professional writing. Be sure to review the course participation rubric.

Expectations Students are expected to check the Blackboard course page, announcements, and mail, and St. John’s Central announcements and email each week. The instructor will respond to Blackboard mail within 48 hours on work days, unless announced otherwise. Students are expected to be self-reliant in checking the course site and with each other before checking with the instructor, unless good judgment dictates otherwise. Projects submitted on time will be graded and returned within one week of the due date, except during holiday breaks.

Discussion Question An online posting about each reading assignment will be required, as well as a follow up comments about other students’ postings. These need to be substantive, not just general acknowledgements.

Project Every class member will complete four projects, three on specified topics and a final comprehensive project. The projects involve analyzing a case in two ways: for its legality and for its implications for the interests of the individuals and groups in the chosen school. You are also asked to state whether you agree with the court’s decision and support your position using the results of your analyses of legality and implications. For all but the final project you may choose to work in a group. Educational administration and instructional leadership primarily involve working in groups, and learning to deal with the frustrations is an important skill. The final project must be completed individually. In it you will apply the frameworks from the entire semester to a particular case. It will be worth twice as much as the other projects. You will also submit a summary of the implications of what you have studied based on conversations with the site supervisor for your chosen school.

Project Comments To ensure that every student is ready for the individual comprehensive final project, the students who do not have a project on a topic will participate in a discussion of the projects after they are done. As part of these discussions, you are required to post at least one comment of about 200 words that analyzes the project, identifying the depth, correctness, insights and important implications, as well as the errors, inaccuracies and superficialities, and incorporating references to the readings and previous comments about the project. This needs to be done in a supportive and constructive manner, as good administrators and leaders are able to provide constructive feedback. The authors of each project should also participate in the discussion of their project.

Professor’s Participation Self-reliance and resourcefulness are important elements of being an administrator or instructional leader. You should seek answers to questions and problems in the posted materials and from other class members before approaching the professor. Good judgment is also important and sometimes you should approach the professor. Self- reliance also applies to learning the course materials. Students learn more when they are actively engaged in the process and the professor is a guide rather than a font of wisdom. The professor will carefully follow the online discussions and will provide an intermediate and final grade on class participation, but remain as quiet as possible without letting the class spend too much time going astray. Experience has shown that students quickly correct class wanderings and do it more effectively than the professor, because they don’t dampen the discussion. Plagiarism Your work should show clearly what work is original and what work is taken from another source, with a clear reference to the source. Any substantial and material work from another source that is not fully and properly credited will be treated as plagiarism; the assignment will receive a zero and be referred to the department chair for possible disciplinary action. Plagiarism is a plague in our society. Educators should respect academic integrity more than anyone else. The university honor code also establishes a responsibility to report plagiarism and other forms of academic dishonesty when they are observed.

VIII. INTEGRATED INTERNSHIP ACTIVITIES AND ACADEMIC SERVICE LEARNING

The internship activities for this course involve reviewing the readings and discussions with the principal of a chosen school and recommending modifications in school practice as appropriate. A summary of the findings and recommendations constitutes one course project. Combining this with a reflection on the experience satisfies the requirements for an academic service-learning certificate.

IX. BIBLIOGRAPHIC REFERENCES

United States Constitution, Article I sections 1 and 8, II sections 1 and 3, III sections 1 and 2, and Amendments I, IV, X, and XIV New York State Constitution, Articles I and XI New York Consolidated Law Service, Education Law State of New York, Department of State (2009). Local Government Handbook, 6th Edition. State of New York, Unified Court System (2009). New York State Courts : An Introductory Guide

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