This course will cover a wide variety of legal issues encountered in education settings, with an emphasis on constitutional and other legal issues impacting public primary and secondary schools and public colleges and universities. Topics covered will include the following:
(1) First Amendment freedom of speech, freedom of religion, and establishment clause issues involving students, school employees, and the use of school property;
(2) Title IX (gender equity), affirmative action, desegregation, and other student-related equal protection/civil rights issues in the school setting, as well as equal protection/civil rights issues impacting school employees;
(3) Fourth Amendment search and seizure rights of students;
(4) Fourteenth Amendment substantive and procedural due process rights of students and school employees;
(5) tenure, academic freedom, Title VII, and other employment-related issues that arise in primary school, secondary school, college and university settings;
(6) state laws applicable to educational entities including open meeting, conflict of interest, and public records laws; and
(7) federal laws applicable to educational entities such as No Child Left Behind, the Equal Access Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act.
This course uses a basic casebook:
Michael Kaufman, Education Law, Policy, and Practice, Second Edition.
Supplemental materials may be provided from time to time.
Lecture and classroom discussion.
|Type of Exam||
In-class essay examination.
|Basis for grading||
Grade based on final examination, with possible additional credit based on classroom participation.
Few areas of legal practice involve as much direct application of constitutional principles as does education law. In the school setting, situations are frequently encountered that require analysis of freedom of speech, freedom of religion, separation of church and state, search and seizure, and substantive and procedural due process issues. This class will be presented both from a practical, practitioner’s perspective as well as from a theoretical/historical basis.