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EDCS 444: Education Issues and Law Ellensburg Instructor: Office: Phone: Email: Office Hours: ******************************************************************************** Required Text: Teachers and the Law. Fischer, Schimmel, and Stellman (2011), 8 th Edition. Cases and articles distributed in class Course Purpose: School law provides an overview of the laws that govern primary and secondary education in America. The purpose of this course is to familiarize students with major legal and ethical issues confronting educators, including implications for identifying and reporting child abuse. Description: Consistent with State Standards and the Center for Teaching and Learning goals and objectives, this course is designed to provide students with an overview and understanding of the following: legal, ethical and policy challenges confronting teachers and other school personnel; constitutional law as it relates to educational practice in Washington; and legal doctrines including tort liability, church/state relations, academic freedom, contracts, and copyright. Useful Web Sites: http://www1.leg.wa.gov/LawsAndAgencyRules http://www.lexisnexis.com (Available free via CWU Library page.) http://www.supremecourtus.gov/index.html http://www.ca9.uscourts.gov/ (Ninth Circuit Court of Appeals) ADA Access: Students with disabilities who require academic adjustments in this class are encouraged to meet with me during my office hours to discuss their disability-related needs. Please bring a copy of your Confirmation of Eligibility for Academic Adjustments and your current class schedule to this meeting. If you are unable to meet during office hours due to class schedule conflicts, please[call me at 963-1198 to schedule an appointment] or Email me at [email protected] to schedule an appointment. Students with disabilities who have not registered with the Center for Disability Services (CDS) are not eligible to receive accommodations or academic adjustments. Please contact CDS for additional information.
Transcript

EDCS 444: Education Issues and Law

Ellensburg

Instructor:

Office:

Phone:

Email:

Office Hours:

********************************************************************************

Required Text: Teachers and the Law. Fischer, Schimmel, and Stellman (2011), 8th

Edition.

Cases and articles distributed in class

Course Purpose: School law provides an overview of the laws that govern primary and

secondary education in America. The purpose of this course is to familiarize

students with major legal and ethical issues confronting educators, including

implications for identifying and reporting child abuse.

Description: Consistent with State Standards and the Center for Teaching and Learning

goals and objectives, this course is designed to provide students with an

overview and understanding of the following: legal, ethical and policy

challenges confronting teachers and other school personnel; constitutional

law as it relates to educational practice in Washington; and legal doctrines

including tort liability, church/state relations, academic freedom, contracts,

and copyright.

Useful Web Sites: http://www1.leg.wa.gov/LawsAndAgencyRules

http://www.lexisnexis.com (Available free via CWU Library page.)

http://www.supremecourtus.gov/index.html

http://www.ca9.uscourts.gov/ (Ninth Circuit Court of Appeals)

ADA Access: Students with disabilities who require academic adjustments in this class are

encouraged to meet with me during my office hours to discuss their

disability-related needs. Please bring a copy of your Confirmation of

Eligibility for Academic Adjustments and your current class schedule to this

meeting. If you are unable to meet during office hours due to class schedule

conflicts, please[call me at 963-1198 to schedule an appointment] or

Email me at [email protected] to schedule an appointment.

Students with disabilities who have not registered with the Center for

Disability Services (CDS) are not eligible to receive accommodations or

academic adjustments. Please contact CDS for additional information.

Requirements: Admission to and continuation in the Professional Education sequence

requires that you purchase LiveText. Students must present “proof of

purchase” to the Certification Office, Black Hall 228.

Attendance: Students enrolled in this course are expected to demonstrate regular and

consistent class attendance, be current in the assigned readings, participate in

all activities and discussions, and complete course requirements when due.

Late Assignments: Absences and late assignments may seriously affect your grade.

Assignments are due on the dates specified unless otherwise arranged with

the instructor. Participation points for in-class discussions/activities may not

be made up.

Course Topics: Legal System and Amendments I, IV, V, VII, IX, X and XIV; Contracts &

Conduct; Terms and Conditions of Employment; Issues of Diversity and

Discrimination; Tort Liability; Slander and Libel; Teacher and Student

Rights; Church-State Education Relations; Identifying and Reporting Child

Abuse; Copyright; No Child Left Behind; Systems of Government (United

States and Washington State); and School Funding.

Mission Statement: The mission of our College is to prepare competent, enlightened citizens who

will enhance their respective professions, commit themselves to socially

responsible leadership, and help develop the global economy in a spirit of

cooperation. Each academic unit of the College has developed specific goals

to address this mission.

Grading: Grade Percentage

A 90 – 100

B 80 – 89

C 70 – 79

D 60 – 69

F 0 – 59

Final grades will be determined based upon the following percentages.

Exams 60%

Activities/Assignments/Participation 20%

Self-Reflection 20%

Course Assignments

Activities: In-class activities and participation points will be assigned by the

instructor each week. In-class activities may not be made up.

Summary: Each student will present a legal case or topic area activity as well as

write up a summary on their case/topic. The activity will be a

maximum of five (5) minutes long. The summary sheet will be one

page in length. Both are due on the day assigned in the syllabus. All

summaries must be typed on the template provided in the syllabus

(see attached scoring rubrics for additional requirements).

A copy of the summary will be provided for each student in class

along with a copy for the instructor. Late activities and summaries

will result in a lowered or failing grade.

Plagiarism: Students shall be subject to disciplinary action or sanction for

plagiarism or academic dishonesty. This may include disciplinary

sanctions imposed by the Vice President of Student Affairs and

Enrollment Management or by the Student Conduct Council at

Central Washington University.

Self Reflection: Due on or before class time on: November 16, 2011

The “Self-Reflection” assignment is to be submitted to your

LiveText portfolio and a hard copy submitted to the instructor for

review and assessment purposes on the assigned date. Failure to

submit on LiveText and provide a hard copy to the instructor may

result in course failure or an incomplete.

Artifact: LiveText Portfolio entry – major legal and ethical issues confronting

educators, including implications for identifying and reporting child

abuse.

Please reflect on what you know about the application of educational

law regarding rules and regulations governing teacher practice in the

schools. In approximately 750 words, discuss the following: Child

Abuse; Teacher’s legal duties regarding accountability for the No

Child Left Behind Law; teacher rights and responsibilities; student

rights and responsibilities, educational equity issues; tort liability and

school funding.

Requirements: This paper should be free from grammatical and mechanical errors.

12 pitch

Times New Roman font

1 inch margins

Submit Assignment on LiveText and hard copy to

instructor by or before class:

o November 16, 2011

EDCS 444: Education Issues and Law

Course Outline: This schedule is approximate and is designed to be flexible. However,

students will be expected to have read each section by the week indicated.

WK

DATE

TOPIC

CHAPTER

Readings

PRESENTATIONS

EXAMS

LiveText

1

September

21

23

Introductions

Teachers and the Legal System

1

2

September

26

28

30

Case Summary (Jackson)

Contracts

Employment Security

2

3

Group Project: Amend 1, 4, 5, 10, 14

Teacher Tenure

3

October

3

5

7

Collective Bargaining

Collective bargaining

Due Process for Teachers

4

4

13 (p. 234-244)

Systems of Govt; Collect Bargaining;

Union Dues; Grunwald v. San

Bernardino; and Teacher Strikes

Mt. Healthy v. Doyl; Safford v.

Redding

4

October

10

12

14

Professional Conduct

Exam 1 (Ch 1-4, 1st part of 13)

Tort Liability

14

Exam 1

5

Intro Self Reflection

Exam 1

Wood v. Strickland

Intro Budget Flowchart Activity

5

October

17

19

21

Libel/Slander

Abuse and Neglect

Budget Flowchart Activity

6

7

Morse v. Frederick;

Child Abuse Reporting – WA State

6

October

24

26

28

Copyright

Teacher Rights

Student Rights

8

9

10

Budget Flowchart Due Pickering v. BOE

Bethel v. Fraser; Hazelwood v.

Kuhlmeier; Tinker v. Des Moines

7

October

31

November

2

4

Personal Appearance

Religious Freedom

Religious Freedom

20

11

11

Good News Club; Lee v. Weiwman;

Santa Fe v. Doe; and Wallace v.

Jaffree; Wisconsin v. Yoder

8

November

7

9

11

Exam 2 (Ch 5-10, & 20)

Freedom of Association

Veteran’s Day – No class

Exam 2

12

Exam 2

WK

DATE

TOPIC

CHAPTER

Readings

PRESENTATIONS

EXAMS

and LiveText

9

November

14

16

18

Due Process for Students

Teacher/Student Discrimination

Nov. 16

Self Reflection Due Today

Sexual Discrimination

13 (p. 244-277)

15

16

Bd v.Earls; Goss v Lopez; New

Jersey v. TLO

Brown I, II, III

Post Self Reflection to

LiveText by class time

Instructor Hard Copy by class

time also

Davis v. Monroe; Gebser v. Lago

Vista School Dist.

10

November

21

23 -26

Student Records and PPRA

Thanksgiving -- No School

18

McKinney Vento Law

Cyberbullying and Other

11

November

28

30

December

2

Parent Choice and Compulsory

Education

No Child Left Behind

Exam 3 (Ch 11-12, part of 13,

15,16, 18, 19 and 21)

19

21

Exam 3

.

Exam 3

12

Finals

Week

Dec. 6 – 9

Action Project

See Registration Booklet for

Date/Time

CASE SUMMARY

EDCS 444: Educational Issues and Law

(one page)

Name _________________________________Class Section __________ Chapter___________

Citation

Case:

Year:

State:

Court:

Facts

What happened?

State who the parties are and what brought them to court.

State those facts relevant to the issues decided by the court and the relevant background

material.

Issues

What are the questions the court addressed in the case?

The question(s) the court used to decide or resolve the disagreement between the parties.

There may be more than one issue decided by the court.

Decision

What did the court decide?

How did the court decide the issue(s)?

What was the rule(s) or test(s) noted in the decision?

Reasoning

Why did the court decide the way it did?

What explanation did the court use to support its decision?

What other case(s) did the court cite (if included)?

How did the court apply the rule/test to case?

CASE SUMMARY

EDCS 444: Educational Issues and Law

Name _________________________________Class Section __________ Chapter___________

Case:

Year:

State:

Court:

Facts

Issues

Decision

Reasoning

TOPIC SUMMARY

EDCS 444: Educational Issues and Law

Name _______________________________Class Section __________ Chapter___________

Heading – create a name for your headings

Use as many bullet points as you need for each heading area

Heading

Heading

Heading

Reference(s)

Central Washington University Department of Education

EDCS 444: Education Issues and Law

Topic Presentation Checklist – 15 points

Student _______________________________________ Date __________________

See syllabus for more information

_____ Topic Summary (1 pt)

_____ Title of area(s) presenting

_____ Website(s) included and accurate

_____ Information about topic (10)

_____ Complete – included all presentation areas required (see below for specific area)

_____ Chronological or sequential order

_____ Cogent – understandable also uses “lay people terms” (not legal jargon)

_____ Provides teacher relevancy

_____ Accuracy

_____ Activity and Summary Writing (2 pts)

_____ Activity included all three (3) learning styles (auditory, visual, kinesthetic)

_____ Activity utilized at least one of the multiple intelligences

_____ Other (2 pts)

_____ Student’s name, course name and section or time, date or week of presentation

_____ All portions were complete, stapled, and handed to instructor at time presentation

To Be Included in Topic Presentation Areas

Amendments 1, 4, 5, 10, 14 and “lay person” descriptions

Child Abuse Washington law, definition, reporting requirements, failure to report

consequences, teacher protection, etc. Search Chapter 26.44 RCW

Abuse of children

Systems of Government WA BOE, OSPI, ESD, Local School Bds, Govt. Structure. Search

internet.

Teacher Tenure Conditions/Contracts, renewal, probable cause, notice, opportunity for

hearing, nonrenewal notice/procedure, supplemental contracts,

discrimination, inspection of personnel file, use of false credentials

Search Chapter 28A.405 RCW Certificated employees

Collective Bargaining Definition, contents of a collective bargaining agreement, required

process, right to strike, fees and dues, labor practices/procedures,

enforcement, and negotiations. Search Title 41 RCW (see 41.80)

Bellevue/Kent Strike Facts about strike, how strike was resolved, affect on community, and

affect on employees. Search internet for news information.

WA Strike Law Washington law on striking. Search Chapter 41.59 RCW

Educational Employment Relations Act.

Central Washington University

Department of Education

EDCS 444: Education Issues and Law

Case Presentation Checklist

(15 Points)

Student _______________________________________ Date __________________

See syllabus for more information

_____ Case Summary (1)

_____ Case Name

_____ State

_____ Year

_____ Highest Court Ruling

_____ Facts (2)

_____ Complete ~ key points provided

_____ Chronological order, accurate, in student’s own words, uses lay terms

_____ Issues (2) _____ Complete and stated as a question(s)

_____ Accurate, stated in student’s own words and uses lay terms

_____ Decision (3) _____ Complete – answers how the court decided for each issue(s)

_____ Tells what rule(s) or test(s) were used in the case?

_____ Accurate, stated in student’s own words and uses lay terms

_____ Reasoning (3) _____ Tells why the court decide the way it did ~ explains what they use to support the decision

_____ Tells what other case(s) the court cite (if included)

_____ Accurate, stated in student’s own words and uses lay terms

_____ Activity and Summary Writing (2 pts) _____ Activity included all three (3) learning styles (auditory, visual, kinesthetic)

_____ Activity utilized at least one of the multiple intelligences

_____ Other (2 pts)

_____ Student’s name, course name and section or time, date or week of presentation

_____ All portions were complete, stapled, and handed to instructor at time presentation

EDCS 444: Education Issues and Law

Group Project -- Amendment Assignment

Purpose This assignment is to provide teacher candidates with an understanding of the

Amendments 1, 4, 5, 10 and 14 of the U.S. Constitution and how they apply

to elementary and secondary public education.

Expectation Teacher candidates will be able to explain in “lay terms” what each amendment

is about and how it applies to elementary and secondary public education.

Directions (1) Develop a one-paragraph typed summary which briefly discusses each of the

amendments above (1, 4, 5, 10 and 14) – one paragraph per amendment.

(2) The summary must be in lay terms. Any legal terms used must be fully

explained in lay terms. The point of this exercise is for candidates to be

able to articulate in everyday language what each of the amendments is

about and how it applies to elementary and secondary education.

Group members will evenly split up the amendments. Individual

points will be earned versus a group grade.

(3) Be sure to put your first and last name on your work along with the correct

section number or class time.

References Use the internet to search each of the amendments as well as p. 456 in the

textbook.

EDCS 444: Education Issues and Law

Funding Flowchart Assignment

Purpose The flowchart assignment is to provide teacher candidates with an understanding

of the organization, governance and funding which impacts K-12 education in the

United States.

Expectation Teacher candidates will be able to identify the revenue sources and legal

influences which affect school budgets and spending.

Directions (1) Develop a one-page typed flowchart to answer the below questions as an

overview for each area noted below. Use the three references listed at

the bottom of this sheet in the “reference” section.

K-12 Funding basics – where does the state of Washington acquire monies or

revenue to fund public schools? Include percentages.

State General Fund – how does the money get divided up? Include percentages

(public schools, human resources, higher education, etc.).

What percentage of State funding, local taxes, federal sources and other

revenues go to local school districts’ annual budget?

What are the seven (7) main areas school budgets address when they allocate

monies (e.g. teaching, transportation food services, etc.)? Include the

percentage amounts.

(2) Prepare a three-paragraph typed write up synthesizing the three main budget

areas on the flowchart – K-12 funding, State General Fund and Annual Budget

for School Districts’ Annual Budget. In addition to the synthesis for each topic

area, reflect on how this information may be of use you to as teacher. Each

paragraph should be a minimum of 4 – 5 sentences in length.

References Office of the Superintendent of Public Instruction (OSPI)

http://www.k12.wa.us/safs/TT/WASBO%202008%20Tacoma/Overview%20of%20School%20Fundi

ng,%20WASBO%202008.pdf

Funding Washington Schools

http://www.fundingwaschools.org/index_files/PictureTree_Funding_WA_K12_Schools.htm Other

http://www.k12.wa.us/safs/TT/K12%20Funding_June%202008%20%20(V07).pdf

Central Washington University

EDCS 444: Issues and Law

SCHOOL FUNDING FLOWCHART Group: _______________________________________________________________________

Date: _________________________________________ Section: _____________________

SCHOOL FUNDING FLOWCHART AND SUMMARY

SCORING RUBRIC Total

Points

(15 pts)

Total

Points

Earned

1. Develop a one-page flowchart to answer the below questions:

K-12 Funding basics – where does the state of Washington acquire monies

or revenue to fund public schools? Include percentages.

State General Fund – how does the money get divided up? Include

percentages (public schools, human resources, higher education, etc.).

Local Funding -- What percentage of State funding, local taxes, federal

sources and other revenues go to local school districts’ annual budget?

o What are the seven (7) main areas school budgets address when they

allocate monies (e.g. teaching, transportation food services, etc.)?

Include the percentage amount.

2. Prepare a one-page write up synthesizing the three main budget areas on

the flowchart – each paragraph area should be a minimum of 4-5 sentences

in length.

K-12 funding,

State General Fund

School Districts’ Annual Budget.

2

2

2

2

2

2

Mechanics and Expository Writing

Typed, in required format

Cogent writing, grammar/punctuation/spelling are correct

Summary sheet due on required date

1

1

1

Total Points Earned

Group: _______________________________________________________________________

Date: _________________________________________ Section: _____________________

Prepare a poster board presentation and detailed summary sheet with your group members

incorporating the rubric requirements noted below.

Due: Finals Week (see Registration Handbook or Safari schedule for date and time)

TEACHER COMPETENCY and the LAW

ACTION PLAN SCORING RUBRIC Total

Points

(10 pts)

Total Points

Earned

Goals

Develop three (3) professional development goals to further your

competency and mastery as an educator.

o Goal One -- Content area goal

o Goal Two -- Choose one of the following goal areas:

accommodating student needs

cyberbullying

ethics in the classroom, school and community

o Goal 3 – Multiculturalism and Diversity goal

Create an action plan to reach each goal – include the following:

o Three-year timeline for each goal

o Where you will acquire your training– cite three (3) per goal:

Professional conferences, workshops or other professional

trainings

o Include a thorough write up on the type of training you will be

acquiring for each goal area (name of specific training, name of

speaker(s), what will be covered, how you will use the

information, how you and/or your students will benefit, how you

will gain mastery of that area, etc.

*The summary section for each goal should be a minimum of 2 pages per topic

area (single spaced)

1

1

1

1

1

3

References – Minimum of one resource per goal – websites, books, journals,

conferences, etc. APA 6th

edition references required

1

Mechanics and Expository Writing -- Summary sheet due when present

Typed, cogent writing, grammar/punctuation/spelling are correct; in

required format; all group members shared in presentation

1

Total Points Earned

EDCS 444: Issues and Law

ACTION PLAN

Summary Sheet

Group: ______________________________________________________________________

Date: ________________________________ Section: ___________________________

Goal 1

Year 1

Training

Write up

Year 2

Training

Write up

Year 3

Training

Write up

References

APA 6th

Edition

Goal 2

Year 1

Training

Write up

Year 2

Training

Write up

Year 3

Training

Write up

References

APA 6th

Edition

Goal 3

Year 1

Training

Write up

Year 2

Training

Write up

Year 3

Training

Write up

References

APA 6th

Edition

EDCS 444: Education Issues and Law

ACTION PLAN

Name: __________________________________________ Date ___________

Section: ___________________________________________________________

Group Names: ___________________________________________________________

Check all that apply. I contributed to the Action Project in the following way(s):

_____ Goal 1

_____ Goal 2

_____ Goal 3

_____ Summary Sheet – construction and typing

_____ Poster and layout

_____ Other – explain

Comments:

My approximate number of contribution hours was: ________________________

LEARNER OUTCOMES AND PERFORMANCE INDICATORS

LEARNER OUTCOMES

School law and educational policy.

WAC 181-78A-270 (1) (a) (b) (c) (g)

(h) (i) (j)

CTL 1.1.2, 1.1.3, 1.3.2

NCATE 1

PERFORMANCE INDICATORS

Articulate an understanding of the constructivist

learning model as defined in the knowledge base

of the Center for Teaching & Learning and as it

relates to educational policy and law.

Identify legal issues common to all education

systems in the US.

Apply policies, laws and court decisions to

common situations in the education setting.

Professional ethics

WAC 181-78A-270(1) (h)

CTL 1.1.3, 1.11.1, 1.11.2

Display an attitude of professional maturity in

handling the topics and issues discussed in class

and cooperate to maintain a positive classroom

environment

The responsibilities, structure, and

activities of the profession

WAC 181-78A-270 (1) (i)

NCATE 1.D

Describe components of the governance and

operation of individual schools, various

administrative units, and associations at local, state

and federal levels.

Discuss the legal and professional rights and

responsibilities of public school educators in

Washington

Issues related to abuse and prevention.

WAC 181-78A-270 (1) (j)

CTL 1.3.2, 1.11.1,1.11.2

Describe what constitutes child abuse and neglect

in Washington State.

Describe procedures for identifying and reporting

suspected child abuse and neglect.

Explain the law regarding teachers as mandatory

reporters.

Common sense rules on touching students.

Reflect on strategies for assisting neglected/abused

children in the school setting.

STANDARDS

CTL Standards: CWU-CTL.1.1.2 Subject matter content knowledge (WAC b)

CWU-CTL.1.1.3 Inquiry, critical analysis, and synthesis of subject

Knowledge

CWU-CTL.1.11.2 Help candidates confront issues of diversity that

affect teaching and student learning and improve

student learning and candidate effectiveness.

CWU-CTL.1.11.1 Encourage candidates to interact with a variety of

students, regardless of ethnicity, gender, and ability.


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