EDUCATION LAW SYLLABUS Summer 2015 Monday & Wednesday 6:15-9:30 pm Professor K. Lee Adams Office 804 . Phone: (404) 872-3593, x 273 Email:*
[email protected] *(preferred method of communication)
Office Hours: Mon, Tues & Thurs: 12:35-1:45pm Wed: 4-6pm or by prior appointment
“The American people have always regarded education and acquisition of knowledge as matters of supreme importance which should be diligently promoted.” Meyer v Nebraska,262 US 390 (1923). “Education is perhaps the most important function of state and local governments. . . . [I] n the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.” Brown v Board of Education I, 347 US 483 (1954). “Education, of course, is not among the rights afforded explicit protection under our Federal Constitution. Nor do we find any basis for saying it is implicitly so protected.” San Antonio Indep. School Dist. v. Rodriguez, 411 US 1 (1973).
INTRODUCTION AND OVERVIEW: Education Law draws from a wide range of legal sources: from Constitutional to statutory and regulatory law, from federal to state to local law; and covers extensive subject matter: from broad public issues such as governance, financing, and civil and Constitutional rights to ostensibly private issues such as torts and contracts, which acquire public dimension through the school setting. The common threads tying this material together are governmental power over our educational system and the Constitutional and civil rights of the stakeholders in that system: students, parents, teachers, administrators, voters, and taxpayers. (Yes, that is pretty much everyone.)
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This course on Education Law is a survey course which will examine federal statutory and Constitutional law governing schools and schooling in the US, as well as representative state statutory and case law, principally focusing on the K-12 context. Much of our inclass activities will center on discussion and problem-solving. We will consider such topics as governance, funding, special education, privacy, curriculum, freedom of speech & religion, equal protection, and school safety and discipline. Major themes we will encounter throughout this class include balancing public and private interests in education; federalism; and the role of education in our society.
Overall, our goal will be to begin the process of thinking about how to advise those stakeholders in education about how to structure US education law and policy to achieve the objectives those stakeholders desire while being mindful of potential tensions with the rights of other stakeholders. STUDENT LEARNING OBJECTIVES: At the completion of this course, students should be able to: 1. Discuss issues relevant to education law raised by a given set of facts. 2. Identify the Constitutional provision, statute, and/or relevant case law most applicable to solving a given hypothetical; 3. State the relevant Constitutional provision, statute, and/or court decisional authority when solving a problem based on a given set of facts. 4. Identify the facts relevant to resolution of an education law issue and in support of an argument for a particular outcome to a problem presented, 5. Apply the relevant Constitutional provision, statute, and/or case law rule(s) to the relevant facts to solve or analyze a problem; 6. Organize the relevant facts to logically support the analysis required to argue for a particular outcome to a problem; 7. State a well-supported conclusion to a legal analysis of given facts; 8. Present the issues raised by, approach to, and arguments for and against the application of particular doctrines to a specific given problem. CLASS ATTENDANCE AND PREPARATION: You are expected to attend every class, to be on time, to participate in class assignments and discussion, and to remain for the duration of class. We will split the class into two 1.5 hour segments, with a 15 minute break in between. In accordance with Law School policy, if you are counted as absent from more than 20% of class hours (2 classes), you will automatically receive a “W/F” as a grade for the course. I may consider tardiness, unpreparedness, or early departure as an absence. This is a “no-fault” attendance policy — any and all absences, for whatever reason, are counted in accordance with the policies stated in the Student Handbook. If circumstances beyond your control prevent you from being prepared, please notify me before class begins. Each student is permitted one “free pass” to decline being called on for the semester. Failure to be prepared and participate meaningfully in class discussions on a regular basis will have a negative impact on your grade. 2
REQUIRED READINGS: The casebook for this class is Kaufman & Kaufman, Education Law & Policy, 3d ed 2013 class. However, required cases from the book will also be posted on our class TWEN site for each unit as indicated in the assignments syllabus below. ADDITIONAL REQUIRED READINGS MAY BE NOTED ON THIS SYLLABUS AND/OR ON OUR TWEN SITE. CLASS WEBSITE / TWEN: The West Education Network (TWEN) hosts a website for this class. Our TWEN site includes announcements, required readings, supplemental materials, web links, and a Discussion forum where you may ask questions and discuss class material. You are responsible to check TWEN at least twice weekly for any class updates. To log on to TWEN, go to www.lawschool.westlaw.com, click on TWEN and then click on course link. GRADING: Your grade this semester is based on your class participation, a team oral presentation, and one closed book final examination worth (50% of your grade). Details on these assignments are as follows: Oral Presentation: 25% of your grade will be based on a team oral presentation you make to the class which discusses a legal issue of current interest or controversy relating to education. The topic must be cleared by me. Your team will be expected to briefly outline the factual and legal nature of the issue and to suggest possible solutions or outcomes, based on your class materials and discussions. You will present the problem and your analysis to the class and lead a brief class discussion on the issues raised in the problem. The presentation should take no more than 15-20 minutes. You will receive a separate rubric on the grading scheme for the presentations, as well as a schedule of presentation times, which will occur towards the end of the semester. Class Participation / Problems: Because the class is heavily oriented towards problems and discussion, 25% of your grade will be based on my assessment of your participation in class discussions and working on problems assigned for class, whether those problems are assigned on an individual, smallgroup, or whole class basis. I am happy to discuss class participation grades outside of class time.
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Exam: 50% of your grade will be based on a traditional closed-book 3-hour comprehensive exam with both essay and multiple choice questions. Exam marks are based on careful consideration of anonymous written exam answers in the context of the class. As such, changing grades afterward based on students’ perception of their own answers or the consequences attaching to a poor mark is not appropriate. Although I will not negotiate grades, I am happy to discuss the reasons for a grade on any exam question after the exams are marked. Just make an appointment after reading my comments on the exam. You will find a holistic grading rubric of criteria I look for in grading essays on the TWEN site. ASSIGNMENTS SYLLABUS: Assignments are made by Week, covering 1 or 2 classes as indicated. The following is a general plan for the course, not a contract, and is subject to change as appropriate. Changes will be announced in class or posted on TWEN. WEEK: Assignment 1.
May 27 Structure & Limits of Public Schooling in the US: State interests; Parental rights; Right to an education? Homeschooling. Public funding. CB: 33-69 & 77-113 Key cases: Meyer v Nebraska; Wisconsin v Yoder; Rodriguez; Plyler v Doe
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June 1 & 3 Governance and Curriculum: School boards—powers and obligations; FOIA Who controls the curriculum? No Child Left Behind; Common Core; CB: 345-439 Key cases: Lopez; PICO
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June 8 & 10 Equal Protection and Diversity: Race and gender in education Constitution; Title VI; Title VII; Title IX CB: 451-464; 471-524; 567-608 Key cases: Brown I & II; Mo. v Jenkins; Bakke; Grutter; US v VA
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June 15 & 17 Religion, Schools & the State: Tension between Free Exercise & Establishment. Constitution; Civil Rights Restoration Act; Equal Access Act CB: 181-293 Key cases: Lemon; Locke v Davey; Edwards v Aguillard; Lee v Weisman
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June 22 & 24 Freedom of Speech and the Right to Privacy in Schools: Students & teachers Constitution; FERPA; Searches & seizures in school context CB: 625-686; 698-706; 851-873 Key cases: Tinker; Hazelwood v Kuhlmeier; Redding; Pickering 4
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June 29 & July 1 Special Education Law: of the ADA, 504s and IEPs Sec 504 of Rehabilitation Act; IDEA; ADA CB: 707-770 Key cases: Rowley Oral Presentations
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July 6 & 8 School Safety and Discipline: Bullying, School Violence, Corporal Punishment, Prison Pipeline CB: 773-843 Oral Presentations
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July 13 Catch up and Review Oral Presentations
EXAM
TBA
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