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Online ED 568, School Law, Introduction Presented by Catherine Hardison, PhD, JD And Charles Wheaton, PhD 1Educ and Law-2010-11-12.

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Presentation on theme: "Online ED 568, School Law, Introduction Presented by Catherine Hardison, PhD, JD And Charles Wheaton, PhD 1Educ and Law-2010-11-12."— Presentation transcript:

1 Online ED 568, School Law, Introduction Presented by Catherine Hardison, PhD, JD And Charles Wheaton, PhD 1Educ and Law-2010-11-12

2 2 Who Are You/What do you need ? Using fillable form, introduce self What hope to gain (Plus RT Safety Questions) List on Whiteboard

3 Educ and Law-2010-11-123 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

4 Educ and Law-2010-11-124 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)

5 Educ and Law-2010-11-125 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!

6 Cooperative Online Learning Groups Five characteristics of our groups 1. Positive Interdependence Unique in your contribution Promotes your self-esteem Develops your oral communication Promotes positive relationships among various groups—your story is told Educ and Law-2010-11-126

7 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 Educ and Law-2010-11-127

8 Cooperative Leaning Groups Five characteristics of our groups 3.Individual & Group Accountability I/we will Keep the size of group-deliberately small Randomly call on one of your members (he/she can defer once) Observe the group-help members contribute You will: Assign a checker to ask reasoning/rationale underlying your answers to scenarios Make sure each member contributes using their own personal culture, experience and resources Educ and Law-2010-11-128

9 Cooperative Leaning Groups Five characteristics of our groups 4. Social/Leadership Skills needed: Leadership Decision-making Trust-building Communication Conflict-management Educ and Law-2010-11-129

10 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 Educ and Law-2010-11-1210

11 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 Educ and Law-2010-11-1211

12 Educ and Law-2010-11-1212 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.)

13 Educ and Law-2010-11-1213 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)

14 Educ and Law-2010-11-1214 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)

15 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. Educ and Law-2010-11-1215

16 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 Educ and Law-2010-11-1216

17 Educ and Law-2010-11-1217 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).”

18 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 Educ and Law-2010-11-1218

19 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 Educ and Law-2010-11-1219

20 Educ and Law-2010-11-1220 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

21 Educ and Law-2010-11-1221 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

22 Educ and Law-2010-11-1222 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)

23 HU Conceptual Framework + Sloan Consortium Pillars Diagram: Educ and Law-2010-11-1223

24 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 Educ and Law-2010-11-1224

25 Conceptual Framework Discussion in Groups Meaning 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 Educ and Law-2010-11-1225

26 Educ and Law-2010-11-1226 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?

27 Educ and Law-2010-11-1227 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 ?

28 Educ and Law-2010-11-1228 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

29 Educ and Law-2010-11-1229 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

30 Educ and Law-2010-11-1230 Let’s Begin Separate, 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

31 Educ and Law-2010-11-1231 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.

32 Educ and Law-2010-11-1232 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…

33 Educ and Law-2010-11-1233 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?

34 Educ and Law-2010-11-1234 Separate, but equal... It is now September, 1954. What is your opinion now? What case(s) will you use to justify your position?

35 Educ and Law-2010-11-1235 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.

36 Educ and Law-2010-11-1236 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?

37 Educ and Law-2010-11-1237 Separate, but equal... In what state was Brown v. Board of Educ initially brought to court? (surprised?)

38 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 Educ and Law-2010-11-1238

39 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?)? Educ and Law-2010-11-1239

40 Educ and Law-2010-11-1240 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.

41 Educ and Law-2010-11-1241 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.

42 Lau v Nichols Video education-lau-vs-nichols-sfgtv-san- francisco/ education-lau-vs-nichols-sfgtv-san- francisco/ We will watch together now Educ and Law-2010-11-1242

43 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? Educ and Law-2010-11-1243

44 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? Educ and Law-2010-11-1244

45 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? Educ and Law-2010-11-1245

46 Educ and Law-2010-11-1246 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

47 Educ and Law-2010-11-1247 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.

48 Educ and Law-2010-11-1248 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

49 Educ and Law-2010-11-1249 Suspect Class 1) 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)

50 Educ and Law-2010-11-1250 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)

51 Educ and Law-2010-11-1251 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

52 Educ and Law-2010-11-1252 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.

53 Educ and Law-2010-11-1253 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?

54 Educ and Law-2010-11-1254 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.

55 THE RUBRICS-To Judge Quality Let’s Review sample areas Sample AreasBeginningDevelopingAccomplished Grammar (errors) Spelling (errors) Organization Formatting Case Cite Case Cite Reasoning Clarity Will be posted on My Heritage Course Information Educ and Law-2010-11-1255

56 Educ and Law-2010-11-1256 Any Questions? Briefing a case? Others? Now, the steps in a lawsuit…

57 Educ and Law-2010-11-1257 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

58 Educ and Law-2010-11-1258 Steps in a Lawsuit 2. 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

59 Educ and Law-2010-11-1259 Steps in a Lawsuit 4. 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.

60 Educ and Law-2010-11-1260 Steps in a Lawsuit 6. 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)

61 Educ and Law-2010-11-1261 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)

62 Educ and Law-2010-11-1262 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.

63 Educ and Law-2010-11-1263 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

64 Educ and Law-2010-11-1264 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.

65 Educ and Law-2010-11-1265 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!

66 Educ and Law-2010-11-1266 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

67 Educ and Law-2010-11-1267 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?

68 Educ and Law-2010-11-1268 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!

69 Educ and Law-2010-11-1269 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!

70 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 Educ and Law-2010-11-1270

71 Educ and Law-2010-11-1271 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.

72 Educ and Law-2010-11-1272 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.


74 Educ and Law-2010-11-1274 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.

75 Educ and Law-2010-11-1275 Football NCLB Style  Games will be played year round, but statistics will only be kept in the Fourth Game Eighth Game Tenth Game

76 Educ and Law-2010-11-1276 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.

77 Educ and Law-2010-11-1277 Who Influenced(es) You? Board of Directors Activity (if time). SEE PPP

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