Education & the Law

SLN #: 16260
Course Prefix: LAW-721
Course Section: 001
Credit Hours: 3
Instructor(s): Herf

Course Description:
NOTE: This class will meet on Mondays and Wednesdays from 1:30 pm - 3:25 pm for ten weeks beginning Monday, January 14. The last class will be Wednesday, March 27.

A review of the legal and policy considerations that provide the foundation of the law of public education. This will include a review of student and employee rights, Constitution and Statutory rights, funding issues, legal and practical aspects of governing bodies, rights and responsibilities of administrators, teachers [including statutory child abuse reporting requirements and immunity issues], collective bargaining and employee concerted activity and students.

This advanced course in education addresses constitutional law, federal and state statutory and regulatory provision and case law . The studies will encompass the development of statutory and case including their impact upon education in the United States and the State of Arizona. The class will analyze and report on analyze major decisions of the United States Supreme Court in the areas of finance, religion, free speech, collective bargaining, student and teacher rights, rights of the disabled, desegregation and discrimination including recent Arizona decisions. The major critical legal issues in traditional public charter and private education will be discussed. Each student as a significant part of the class and their grade will select from a list of suggested areas or designate an area of interest and prepare a paper power and partner with the instructor to lead the class discussion on the topic. The presentation should be scheduled to fill the major component of the class time and will be the focus of each student to master a particular area of law. Practical skills application will be used in the final two class period with outside expert witnesses and student participants in all roles involving student expulsion with issues related to guns at school and disability identification and accommodation by the District.. If scheduling permits a session shall be devoted to an employee grievance and the resolution process. We will analyze several U.S. Supreme Court decisions involving educational issues, their history and future impact.

Course Structure/Approach
This course will consist of lecture, individual and group assignments,on Constitutional issues, including major topical presentation by each student or in some instances a two student team where you will teach for that class period using a power point outline followed by a paper on the chosen subject of law review quality. A special education due process expulsion hearing which will incorporate issues involving school rules, special education and due process will comprise the final two sessions of the class. Student roles will include the lawyers for the District seeking expulsion, lawyers for the family opposing expulsion, the cast of participants and the decision making make school board who will debate the evidence.

Topical Paper, Power Point and Classroom presentation-75% of final grade;
Attendance and Participation-Essential as it will constitute 25 % of the final grade

Additional Information:
Credit Hours: 3
Grading Option: Letter Grade Only
Written Assignment: Yes, see course description
Graduation Writing Requirement: No
Flexible Writing Requirement: Yes
Skills Requirement: No
Experiential Learning: No
Special Withdrawal Course: No
Final Exam Given: No
Paper Or In-Class Presentation: Yes, see course description
Participation Points: Yes, see course description
Attendance Policy: Per Statement Of Student Policies

* The law school has a policy that Is used To calculate credit hours. Please see the Statement of Student Policies.