Law and Education (LAW 741)
Spring, 2011
Professor Harpaz
Office - Room 317
Mailbox - Room 307
Office Telephone - 782-1437
E-mail - lharpaz@law.wnec.edu

Required Text: Alexander & Alexander, American Public School Law, Wadsworth, Cengage Learning. Students may use either the 8th edition (2012) or the 7th edition (2009).

Grading: There will be a three-hour closed book examination. Grades will be based exclusively on exam performance.

Attendance Policy: ABA Standard 304(d) requires “regular and punctual” class attendance. To implement this policy, students will be required to initial an attendance sheet for each class. Failure to initial the attendance sheet will be counted as an absence. Students who are absent from more than 20% of regularly scheduled classes (more than 6 classes) will be administratively withdrawn from the course. Students who miss 6 classes will be sent a warning letter by email alerting them to the fact that they are in danger of administrative withdrawal.


Assignments

THIS IS A PARTIAL LIST OF ASSIGNMENTS.  IT WILL BE UPDATED PERIODICALLY TO ADD MORE ASSIGNMENTS TO THE LIST AS THE SEMESTER PROGRESSES
Note: Each assignment is listed twice. The first listing is for the Eighth Edition and the second listing is for the Seventh Edition. In order to deal with the fact that students are using two different versions of the casebook, I am attempting to assign cases that are in both versions of the casebook. However, whenever an assigned case is in only one version of the casebook, I will provide an electronic version or, at the very least, the citation to the case. Some cases are included in both casebooks, but are located in different sections of the casebook. In those situations, the page references will be provided. The one aspect of the book that cannot be handled in this way are the notes before and after the cases. In situations where the notes are substantially different, I will alert the class to this fact. I apologize for this difficulty with the assigned reading and I'll make every effort to try and make sure it causes as few problems as possible.

1.  Eighth Edition pages 27 - 53 (Historical and Legal Perspective of Public Schools) (Principal cases:  Rose v. Council for Better Education, Inc.; Bush v. Holmes; Claremont School District v. Governor; Commmonwealth v. Hartman) (pages 27-38 contain background material about the history of American public schools)

1.  Seventh Edition pages 21 - 47 except the McDuffy case on pages 31-35 (Historical Perspective of Public Schools) (Principal cases: Bush v. Holmes; Claremont School District v. Governor; Commmonwealth v. Hartman)
Additional Material: Rose v. Council for Better Education, Inc. (pages 1086-1089)

2.  Eighth Edition pages 53-87 (Historical and Legal Perspective of Public Schools and Introduction to the Role of the Federal Government) (Principal cases: Wilson v. State Board of Education; Randolph County Board of Education v. Adams; Hartzell v. Connell)

2.  Seventh Edition pages 47-79 except for Council of Organizations of Others for Education about Parochiad v. Governor on pages 49-52 (Historical Perspective of Public Schools and Introduction to the Role of the Federal Government) (Principal cases: Wilson v. State Board of Education; Randolph County Board of Education v. Adams; Hartzell v. Connell)

3.  Eighth Edition pages 88-107 (first five lines of page 107) (The Role of the Federal Government) (Principal cases: Arlington Central Sch. Dist. Bd. of Educ. v. Murphy; United States v. Lopez; Shepheard v. Godwin)
Additional Required Reading: Before Arlington Central Sch. Dist. read South Dakota v. Dole
Additional Required Reading: After Arlington Central Sch. Dist. read (1) http://www.educationlawreview.com/k-12-education/court-cases/ for background on a current spending power controvery under the No Child Left Behind Act and (2) School District of the City of Pontiac v. Spellings.

3.  Seventh Edition pages 79-103 (The Role of the Federal Government) (Principal cases: South Dakota v. Dole; School District of the City of Pontiac v. Spellings; United States v. Lopez; Shepheard v. Godwin)
Additional Required Reading: After South Dakota v. Dole, please read (1) Arlington Central Sch. Dist. Bd. of Educ. v. Murphy, (2) http://www.educationlawreview.com/k-12-education/court-cases/ for background on the current spending power controvery under the No Child Left Behind Act addressed in School District of the City of Pontiac v. Spellings, and (3) the dissenting opinon in School District of the City of Pontiac v. Spellings (or substitute the .pdf version of the case in its entirety for the version in the casebook).

4.  Eighth Edition pages 107-114 (Fundamental Rights and Education) (Principal Case: San Antonio Independent School District v. Rodriguez)
Additional Required Material: Kadrmas v. Dickinson Public Schools
pages 1055-1062 (Litigation Under State Constitutions)
pages 38-42 (Education as a Fundamental Right Under State Constitution) (Principal Case: Rose v. Council for Better Education, Inc.)
pages 1075-1078 (Principal Case: Committee for Educational Rights v. Edgar) 

4.  Seventh Edition pages 103-14 (Education as a Fundamental Right or a Unique Governmental Function under the Federal Constitution) (Principal Cases: San Antonio Independent School District v. Rodriguez; Kadrmas v. Dickinson Public Schools)
pages 1080-90 (Education as a Fundamental Right Under State Constitution) (Principal Case: Rose v. Council for Better Education, Inc.)
pages 1104-1107 (Principal Case: Committee for Educational Rights v. Edgar)

5.  Eighth Edition pages 118-137 (Governance of Public Schools) (Principal Cases: State ex rel. Clark v. Haworth; McGilvra v. Seattle School District No. 1; Johnson v. Burmaster; Owens v. Colorado Congress of Parents, Teachers and Students; In the Petition to Transfer Territory from High School District No. 6 to High School District No. 1 v. Lame Deer High School District).

5.  Seventh Edition pages 115-133 except for Clark v. Jefferson County Board of Education on pages 123-125 (Governance of Public Schools) (Principal Cases: State ex rel. Clark v. Haworth; McGilvra v. Seattle School District No. 1; Owens v. Colorado Congress of Parents, Teachers and Students; In the Petition to Transfer Territory from High School District No. 6 to High School District No. 1 v. Lame Deer High School District).
Additional Required Material: Substitute Johnson v. Burmaster for Clark v. Jefferson County Board of Education

6.  Eighth Edition pages 406-424 (Student Speech and Expression) (Principal Cases: Tinker v. Des Moines Independent School District; Bethel School District No. 403 v. Fraser; Morse v. Frederick; Scott v. School Board of Alachua County)
Additional Required Material: summary of concurring opinions in Morse v. Frederick

6.  Seventh Edition pages 413-424 and pages 427-430  (Student Rights: Speech and Expression) (Principal Cases: Tinker v. Des Moines Independent School District; Bethel School District No. 403 v. Fraser; Morse v. Frederick; Scott v. School Board of Alachua County)
Additional Required Material: summary of concurring opinions in Morse v. Frederick

7. Eighth Edition pages 424-430, 442-448, and 430-442 (this assignment spans pages 424-448 but we will discuss these cases in a different order as reflected in the initial assignment and the list of principal cases) (Student Speech: Threats of Violence, Internet Speech, and Forum Analysis) (Principal Cases: Doe v. Pulaski County Special School District; Wisniewski v. Board of Education of the Weedsport Central School District; Lamb's Chapel v. Center Moriches Union Free School District; Hazelwood School District v. Kuhlmeier)

7. Seventh Edition pages 442-457 and 430-442 except for the Beussink case on pages 453-455 (Student Speech: Threats of Violence, Internet Speech, and Forum Analysis (Principal Cases: Doe v. Pulaski County Special School District; Wisniewski v. Board of Education of the Weedsport Central School District; Lamb's Chapel v. Center Moriches Union Free School District; Hazelwood School District v. Kuhlmeier)

8. (1)  Doninger v. Niehoff
(2) First Amendment Moot Court Competition Problem
(3) Eighth Edition pages 448-454 (Student Personnel Appearance) (Principal Case: Canady v. Bossier Parish School Board)

8. (1)  Doninger v. Niehoff
(2) First Amendment Moot Court Competition Problem
(3) Seventh Edition pages 457-462 (Student Personnel Appearance) (Principal Case: Canady v. Bossier Parish School Board)

9. Eighth Edition pages 460-474 and 477-484 (Student Rights: Search and Seizure (Principal Cases: New Jersey v. T.L.O., Vernonia School District 47J v. Acton, Board of Education, Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls)
Additional Required Material: Stafford School District v. Redding (read Redding after New Jersey v. T.L.O.)

9. Seventh Edition pages 462-474 and 474-482 (Student Rights: Search and Seizure (Principal Cases: New Jersey v. T.L.O., Vernonia School District 47J v. Acton, Board of Education, Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls)
Additional Required Material: Stafford School District v. Redding (read Redding after New Jersey v. T.L.O.)

10. Eighth Edition pages 496-531 (Student Rights: Common Law, Substantive and Procedural Due Process) (Principal Cases: Dunn v. Fairfield Community High School District No. 225, Ingraham v. Wright, Dixon v. Alabama State Board of Education, Goss v. Lopez, South Gibson School Board v. Sollman)

10. Seventh Edition pages 501-504, 506-527, and 529-536 (Student Rights: Common Law, Substantive and Procedural Due Process) (Principal Cases: Dunn v. Fairfield Community High School District No. 225, Ingraham v. Wright, Dixon v. Alabama State Board of Education, Goss v. Lopez, South Gibson School Board v. Sollman)

11. Assignment for all students: Teacher Free Speech Rights - U.S. Supreme Court Cases (Principal Cases: Pickering v. Board of Education, Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, Givhan v. Western Line Consolidated School Dist., Connick v. Myers, Garcetti v. Caballos, Brammer-Hoelter v. Twin Peaks Charter Academy)

12. Eighth Edition pages 831-836 (Teacher Free Speech Rights) (Principal Cases: Lee v. York County School Division, Mayer v. Monroe County Community School Corp.)
Additional Required Material: Spanierman v. Hughes and Evans-Marshall v. Board of Education

12. Seventh Edition pages 840-844 and 847-849) (Teacher Free Speech Rights) (Principal Cases: Lee v. York County School Division, Mayer v. Monroe County Community School Corp.)
Additional Required Material: Spanierman v. Hughes and Evans-Marshall v. Board of Education

13. Eighth Edition pages 865-876, 879-885, and 778-789 (Due Process Rights of Teachers and Grounds for Termination of Tenured Teachers) (Principal Cases: Board of Regents v. Roth, Perry v. Sindermann, Cleveland Board of Education v. Loudermill, Collins v. Faith School District No. 46-2, Gaylord v. Board of Education, Unified District no. 218, Morton County, In re Termination of James E. Johnson, Toney v. Fairbanks North Star Borough School District)

13. Seventh Edition pages 887-896, 900-906, and 796-808 (Due Process Rights of Teachers and Grounds for Termination of Tenured Teachers) (Principal Cases: Board of Regents v. Roth, Perry v. Sindermann, Cleveland Board of Education v. Loudermill, Collins v. Faith School District No. 46-2, Gaylord v. Board of Education, Unified District no. 218, Morton County, In re Termination of James E. Johnson, Toney v. Fairbanks North Star Borough School District)

14. Eighth Edition pages 572-573, 577-585, and 589-601 (Special Education) (Principal Cases: Board of Education v. Rowley, Schaffer v. Weast, Beth v. Van Clay, Florence County School District Four v. Carter)

14. Seventh Edition pages 573-74, 577-584, 592-594, 599-607 (Special Education) (Principal Cases: Board of Education v. Rowley, Schaffer v. Weast, Beth v. Van Clay, Florence County School District Four v. Carter)

15.  Eighth Edition pages 233-251 (Religion and the Public Schools) (Principal Cases: McCollum v. Board of Education, Zorach v. Clauson, School District of Abington Township v. Schempp, Stone v. Graham, Wallace v. Jaffree, Lee v. Weisman)
Additional Required Material to be read after Zorach and before Schempp: Engel v. Vitale

15. Seventh Edition pages 244-261 (Religion and the Public Schools) (Principal Cases: McCollum v. Board of Education, Zorach v. Clauson, School District of Abington Township v. Schempp, Stone v. Graham, Wallace v. Jaffree, Lee v. Weisman)
Additional Required Material to be read after Zorach and before Schempp: Engel v. Vitale

16. Eighth Edition pages 251-269 (Religion and the Public Schools) (Santa Fe Independent School District v. Doe, Board of Education of the Westside Community Schools v. Mergens, Good News Club v. Milford Central School)
Addition Required Materials: Elk Grove Unified School District v. Newdow

16. Seventh Edition pages 261-280 (Religion and the Public Schools) (Santa Fe Independent School District v. Doe, Board of Education of the Westside Community Schools v. Mergens, Good News Club v. Milford Central School)
Addition Required Materials: Elk Grove Unified School District v. Newdow