Prepared By: J. Panzone, Esq

Prepared by: J. Panzone, Esq Spring 2009 Office Phone: (315)896-2974 Office Hours: As Announced

MOHAWK VALLEY COMMUNITY COLLEGE UTICA-ROME, NY

ENGINEERING TECHNOLOGIES AND THE TRADES DEPARTMENT

COURSE OUTLINE

I. CATALOG DESCRIPTION:

FM105 Education Law for Facilities Management C-3, Cr.-3

This web-based course emphasizes the understanding, analysis, and application of law to school districts and the management of their facilities. A broad conceptual basis is supplemented by an examination of case law, current articles, federal and state statutes and regulations, and school district policy.

II. MATERIALS

Text: School Law, 30th edition, New York State School Boards Association and New York State Bar Association, 2004, Lexis Nexis, ISBN: 0-8205-8782-6 (soft cover); 0-8205-8784-2 (hard cover)

This is an excellent reference book utilized by administrators across New York State. It includes an overview of the structure of school governance within the State as well as a summary of state and federal laws affecting school districts throughout the State. It is topically divided and provides a starting point for further research regarding most legal issues affecting school districts.

Web Resources:

As supplement to the text, students will make reference to the web sites for the following governmental agencies:

New York State Department of Labor (labor.state.ny.us) New York State Education Department (nysed.gov) New York State Department of Environmental Conservation (dec.state.ny.us) U.S. Department of Education (ed.gov) III. STUDENT LEARNING OUTCOMES:

The student will:

 Read and understand statutes, regulations and court decisions.  Learn the practical application of statutes, regulation and court decisions to the development and implementation of school district policy and practice.  Contrast legal problems and issues that apply to actual situations faced by school districts in the area of facilities planning and management.  Analyze the responsibilities of students, teachers and administration  Understand the rights and responsibilities of non-instructional employees  List the safety responsibilities for students, teachers and the facility itself.

In addition, the student will understand how school district policy and practice regarding facilities are influenced by legal constraints in the following areas:

a. Long-range planning. b. Regulations on building condition. c. Capital projects including: (i) solicitation of professional services - architects and construction managers (ii) bidding for construction services and materials (iii) project bonding. d. Environmental issues (SHPO, SEQRA, ADA, AHERA), e. Energy conservation. f. Employment law. g. Facilities use and the U.S. Constitution. h. Premises liability. i. The nature of school districts as governmental institutions. j. The relationship of statute and regulation to local district policy. k. The essential areas of law that affect facilities management.

IV. COURSE EXPECTATIONS

1. Students will timely complete all assignments as indicated in each learning unit.

2. Students will participate in online discussion regarding each learning unit.

3. There will be a mid-term and a final examination, both designed to test specific knowledge of unit study as well as the general application of concepts to factual situations.

V. COURSE OUTLINE

Module 1 The Structure of the New York State School System, School Boards and School District Officers

Objective: Understand the general design and function of the school system and school boards

Material: Chapter 1 (pp. 1 – 13) and Chapter 2 (pp. 15 – 66) Module 2 Boards of Cooperative Educational Services (BOCES) and the District Superintendent

Objective: Understand the function of BOCES in New York State and the role of a district superintendent

Material: Chapter 7 (pp. 153 – 168) and Chapter 8 (pp. 169 – 178)

Module 3 School Administrators, Superintendent of Schools, Principals and Teachers

Objective: Understand the general roles of school administrators, school superintendents, principals and teachers

Material: Chapter 9 (pp. 179 – 200) and Chapter 10 (pp. 201 – 210)

Module 4 Teacher Rights and Responsibilities

Objective: Understand the rights and obligations of teachers

Material: Chapter 11 (pp. 249 – 317)

Module 5 Non-instructional Employees

Objective: Understand the classes, rights and obligations of non-instructional employees

Module 6 Employee Relations

Objective: Understand the laws and procedures applicable to school district employees

Module 7 MID-TERM EXAM

Module 8 Students – Health and Welfare

Objective: Understand the responsibilities of school districts for the health of students

Module 9 Students – Safety and Constitutional Rights

Objective: Understand the responsibilities of school districts for the personal safety and constitutional rights of students Material: Chapter 18 (pp. 491 – 501) and Chapter 19 (pp. 503 – 522)

Module 10 Student Discipline

Objective: Understand the rights and responsibilities of school districts in disciplining students

Module 11 School Buildings, Grounds and Equipment

Objective: Understand the acquisition and use of school property and facilities

Module 12 School Building Safety

Objective: Understand the responsibilities of school districts to implement ordinary and emergency safety procedures

Module 13 School District Liability and School Insurance

Objective: Understand common sources of liability and the obligations of school districts towards employees and board members

Material: Chapter 26 (pp. 737 – 784) Module 14 Transportation

Objective: Understand the operation and ownership of school buses by school districts

Module 15 FINAL EXAM

C D E F G H DISABILITY STATEMENT

I would appreciate hearing from anyone in the class who has any type of disability (e.g., physical, learning, psychiatric, vision, hearing, etc.) which may require some special accommodation. Please see me during my office hours so that we can discuss your needs. Before services can begin, you must also contact the Disability Services Office, 792-5644, AB153 on the Utica campus. For classes on the Rome campus, students be referred to the Student services Office, PC A30, 334-7709. Staff members will review your documentation, determine your eligibility for accommodations, and decide what those accommodations will be. 6 7 COURSE NAME:______

DATE FACULTY NAME CHANGE INPUT MEASUREMENT ASSESSMENT ACTION 8