M.Ed Syllabus, Revised 6/21/2017
Southeastern Oklahoma State University
Educational Instruction and Leadership DepartmentTerm/Start: Fall 1, August 2022
EDAD 5373.W1, Public School Law
Professionals for the 21st Century: Competent, Committed, and Ethical
Instructor
Dr. Stewart Mayers
Office Location
218 Morrison Hall
Email
[email protected]
Home Phone
580-924-3576
Office Phone
580-745-2640
Virtual Meeting Time & Link
7 pm Mondays. Link:
https://se-edu.zoom.us/j/91543680774
Office Hours
M-Th 9 am to noon, M, T, and Th 1:30 pm to 4 pm
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 ...
M.Ed Syllabus, Revised 6212017Southeastern Oklahoma State Un
1. M.Ed Syllabus, Revised 6/21/2017
Southeastern Oklahoma State University
Educational Instruction and Leadership DepartmentTerm/Start:
Fall 1, August 2022
EDAD 5373.W1, Public School Law
Professionals for the 21st Century: Competent, Committed, and
Ethical
Instructor
Dr. Stewart Mayers
Office Location
218 Morrison Hall
Email
[email protected]
Home Phone
580-924-3576
Office Phone
580-745-2640
Virtual Meeting Time & Link
7 pm Mondays. Link:
https://se-edu.zoom.us/j/91543680774
Office Hours
M-Th 9 am to noon, M, T, and Th 1:30 pm to 4 pm
PREREQUISITES: Admission to Graduate Study.
2. 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
3. . 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
4. 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
5. 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
6. 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:
Assignment
Points Possible
Week Due
Discussions (5 @ 30 points each)
150
7. Weeks 2 thru 6
Research Paper
250
Week 6
Midterm
250
Week 4
Final
250
Week 7
Course Reflection
100
Week 7
Total
1000
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.
8. 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
9. 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
10. 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
11. 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:
12. 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:
13. 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:
14. 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
15. 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)
Week 6
Teachers and the Law: Due Process, Evaluation/Termination;
Title X (Chapter 10)
Week 7
Desegregation and Tort Law (Chapters 6 & 12); Final
16. TABLE OF CASES: (Cases with no court designation are U.S.
Supreme Court Cases)
Church/State Issues and the Schools – Free Exercise &
Establishment Clause
Pierce v.Society of Sisters 1925 (Compulsory Attendance Laws
and Private Schools)
Wisconsin v.Yoder 1972 (Compulsory Attendance Laws and
Free Practice)
Brown v.
Stone 1979 (Mississippi Supreme Court –
Immunization)
17. Good News Club v. Milford Central School 2001 (Establishment
Clause/ Free Speech and Use of Facilities)
Engel v. Vitale 1962 (Establishment Clause & Nonsectarian
Prayer)
School District of Abington Township v.Schempp (Murray
v.Curlett) 1963 (Prayer and Bible Readings in School)
Lemon v. Kurtzman 1971 (Public Funds & Private Schools)
Wallace v. Jaffree 1985 (Moment of Silence)
BOE Westside Comm. Sch. v. Mergens 1990 (Equal Access
Act/Religious Clubs)
Leev.Weisman 1992 (Prayer and Graduation)
Lamb’s Chapel v.Center Moriches Union Free School District
1993 (Use of Facilities & Fora Analysis)
Stone v. Graham 1980 (Display of Ten Commandments in
Classrooms)
Florey v. Sioux Falls 1980 (8th Circuit – Use of Religious
Material in School Programs)
Santa Fe ISD v. Doe 2000 (Prayer at Football Games)
Doe v. Norfolk 2003 (8th Circuit – Private Speech at
Graduation)
Selman v. Cobb County Schools 2006 (11th Circuit – Textbook
Decal)
Town of Greece v. Galloway et al. 2014 (Prayer and
18. Government Meetings)
Kennedy v. Bremerton School District 2022 (Private
Prayer/Speech and School Activities)
Shurtleff v. Boston 2022 (Religious Speech in the Public
Spaces)
Students and the Law: The 1st Amendment
Tinkerv.
Des MoinesIndependent Community School District
1969 (Free speech)
Bethel School District No. 403 v.
Fraser 1986 (Free Speech & Discipline)
Hazelwood School District v.Kuhlmeier 1988 (School
Publications)
Morse v. Frederick 2007 (Student Speech and Administrator
Liability)
Layshock v. Hermitage 2011 (3rd Circuit en banc – MySpace
pages constructed off campus)
Bell v. Itawamba County School Board 2014 (5th Circuit en
banc – Social Media/Threats)
Johnson v. Cache County School District. 2018
(D. Utah, Social Media Usage)
Mahanoy Area School District v. B. L. 2021 (Student Speech
and Social Media)
Bastrop ISD v.
19. Toungate 1997 (Texas Supreme Court – Hair Length)
Bivens by Green v.
Albuquerque Public Schools 1995 (10th Circuit – Dress
Code)
Students and the Law – 8th and 14th Amendments
Title IX, Education Amendments of 1972
Jackson v. Birmingham BOE 2005 (Title IX & Whistleblowers)
Soule v. Connecticut Assoc. of Schools. (Case still
actively before bar).
Ingraham v.Wright 1977 (Corporal Punishment)
Gossv.
Lopez 1975 (Suspension)
Palmer v. Merluzzi 1989 (3rd Circuit – Suspension and
Extracurricular Activities)
Zehner v. Central Berkshire Reg. SD 1995
(D. MA – Short Term Suspension Hearing)
G.G. v. Gloucester County Board of Education 2020 (4th
Circuit, – Transgender Rights)
Soule v. Connecticut Assoc of Schools 2021 (D. Conn. –
Transgender Rights & Athletics)
Tun v. Whittacker 2005 (7th Circuit – Substantive Due
Process)
Students and the Law: Search and Seizure (4th Amendment)
20. New Jerseyv.
T.L.O. 1985 (Non-intrusive Search)
Commonwealth of Pennsylvania v.
Cass 1998 (Supreme Court of Pennsylvania – Locker
Search)
William by Williams v.
Ellington 1991 (6th Circuit, strip search)
Safford United School District v. Redding 2009 (Strip Search)
Vernonia School District 473 v.
Acton 1995 (Urinalysis Drug Testing)
Todd v.
Rush County Schools 1998 (7th Circuit – Suspicionless
Urinalysis Drug Testing)
BOE, District #92, Pottawatomie Co. v. Earls 2002 (Extension
of Vernonia)
Shuman v. Penn Manor SD 2005 (3rd Circuit –
Detainment/Seizure)
Mendoza v. Klein ISD 2011 (SD TX – Cellphone searches)
Students with Disabilities
Mills v. Board of Education, District of Columbia 1972 (D DC –
Procedural Due Process and Placement)
Endrew F. v. Douglas County School District, 2017 (IDEA
– FAPE standard)
Board of Education, Hendrick Hudson Central SD v.
21. Rowley 1982 (FAPE and Student Potential)
Schaffer v. Weast 2005 (Burden of Proof and
Administrative Hearings)
Alvin ISD v. A.D. 2007 (5CA – ADHD)
Estate of Lance v. Lewisville ISD (5CA – IDEA and Sec.
504)
Fry ex rel. Fry v. Napoleon Community School 2017
(IDEA Exhaustion)
Teachers and the Law: Free Expression and Academic Freedom
Pickering v.
Board of Education of Township High School District
205 1968 (Public Expression – Tenured Teacher)
Mount Healthy City School District Board of Education v.
Doyle 1977 (Public Expression – Nontenured Teacher)
Connick v.
Myers 1983 (Free Speech and Wrongful Termination)
Fowler v.
Board of Education of Lincoln County 1987 (6th Circuit
– Appropriate Materials)
Boring v.
Buncombe County BOE 1996 (4th Circuit – Appropriate
Materials)
East Hartford Education Association v.
BOE of Town of East Hartford 1977 (2nd Circuit –
Teacher Dress Code)
22. Munroe v. Central Bucks School District 2014 (ED PA Social
Media)
Cockrel v. Shelby County School District 2001 (6th Circuit –
Academic Freedom)
United Teachers of New Orleans v. Orleans Parish Schools (5th
Circuit – Drug Testing)
Teachers and the Law: Teacher Evaluation/Termination
Title VII/State Statutes and Teacher Hiring and
Evaluation/Termination
Bostock v. Clayton County (2020 – Sexual
Orientation/Identity)
Harrah ISD v.
Martin 1979 (Nonrenewal and Continuing Education)
Cowanv.
Strafford R-VI School District 1998 (8th Circuit –
Wrongful Termination)
Erb v. Iowa State Board of Public Instruction 1974 (Supreme
Court of Iowa - Adulterous Teacher)
Gillett v. Unified School District 1980 (Supreme Court of
Kansas – Criminal Activity and Teacher Termination)
Barcheski v. BOE of Grand Rapids Public Schools 1987
(CA Michigan – Impropriety with Students)
Scheelhaase v. Woodbury Cent. Cmty. SD 1973 (8th Circuit –
Student Achievement and teacher evaluation)
Unified SD v.Hubbard 1994 (Kansas CA – Teacher
23. Incompetence)
Kibbe v Elida SD 2000 (NM State Court – DUI and Teacher
Termination)
Desegregation
Plessy v.
Ferguson 1896
(Separate but Equal [SBE] Doctrine)
McLaurin v.
Oklahoma State Regents 1950 (SBE in Higher Ed.)
Sweattv.
Painter 1950 (SBE in Higher Ed.)
Brown v.
BOE, Topeka (Brown I) 1954 (School Desegregation)
Brown v.
BOE, Topeka (Brown II) 1955 (Implementation)
Green v. New Kent County 1968 (Unitary Status)
Swannv.
Charlotte-Mecklenburg BOE 1971 (Dual School
System)
Millikenv.
Bradley (Milliken I) 1974 (Interdistrict Integration)
Freeman v. Pitts 1992
(Partial Unitary Status)
24. Tort Law
Introduction to Tort Law
Wood v.
Strickland 1975 (Expulsion and Due Process Liability)
Carey v.
Piphus 1978 (Damages from Suspension)
Broward County SB v. Ruiz 1986 (FL App 4 District –
Negligence & Student Injury)
Dailey v. Los Angeles Unified School District 1970 (CA SC –
Negligence & Student Death)
Franklinv.
Gwinnett County Schools 1992 (Harassment by Faculty
Member)
Gebser v.
Lago Vista Independent School District 1998
(Harassment by Teacher)
Davis v.Monroe County Board of Education 1996 (Harassment
by another Student)
Harry A. v. Duncan 2005 (D-Montana –Surreptitious
Videotaping)
Doe as Next Friend of Sarah Doe v. Northside ISD 2012 (W.D.
– Inappropriate Teacher-Student Relationships involving
MySpace/Facebook)
25. Opinions for all cases in the above Table of Cases are posted in
the relevant weekly work folders on Blackboard. Any of these
cases may be used in your research paper. You may also
choose/need to use other cases not included in this syllabus for
your paper. That is perfectly acceptable. Sources for finding
other court opinions area described below.
INTERNET RESOURCES FOR LEGAL RESEARCH
The following web sites from the World Wide Web are useful
for research in United States Code and federal case law.
Southeastern’s Henry G. Bennett Memorial Library provides
free access to
WestLaw in its Electronic Database (
https://www.se.edu/library/serials-
department/electronic-resources/). Click on the link and then
Click on the Westlaw link. From off-campus you will need to
use the same login you use to access your SE email account.
West Law is
the standard in the legal profession for research.
Findlaw
www.findlaw.com
Justia
www.justia.com
Leagle.com
www.leagle.com
Federal Judiciary
https://www.uscourts.gov/
Oklahoma State Courts Network
https://www.oscn.net/v4/
26. Texas Judiciary Official Website
www.courts.state.tx.us
United States 5th Circuit Court of Appeals (TX)
www.ca5.uscourts.gov
United States 8th Circuit Court of Appeals (AR)
www.ca8.uscourts.gov
United States 10th Circuit Court of Appeals (OK)
www.ca10.uscourts.gov
United States Supreme Court Homepage
www.supremecourtus.gov
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