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EDU 592

Legal Aspects of Education

925 North Spurgeon Street, Santa Ana, CA 92701

Phone: 714-547-9625 Fax: 714-547-5777
www.calcoast.edu

Rev. 04/23
Tracking Your Academic Activities
Verifying an accurate course completion time is essential for accreditation. To meet both
accreditation requirements and award academic credit, educational institutions must document the
total number of hours students spend completing designated academic activities related to their
coursework.

The total hours are then translated into academic credit based on a prescribed method of measuring
educational attainment known as the Carnegie Unit. 90 hours of student preparation time and 45
hours of student engagement time are required for a 3 credit hour course.

Using the attached form as an example, keep track of the time you spend on each lesson, pre-test,
self-test, unit test, writing assignment, reading assignment, outside reading, final examination, etc.
You will not be required to turn in the worksheet; however, at the end of the course you will receive
a Student Course Survey and the final question will ask how long it took you to complete the course.
Your assistance in completing this requirement and providing the university with this valuable data is
greatly appreciated.

As you fill out the worksheet, please keep in mind that your Academic Engagement Activities should
total approximately 45 hours. Some examples of this type of activity may include:

Lesson Review Exercises Unit Examinations

Key Term Reviews Proctored Final Examination
Analysis Course Academic Online Discussions
Study Guide Review Student/Instructor Interaction
Writing Assignments Documents/Student Resources
Review Grading Rubric

As you fill out the Academic Preparation Activities, please keep in mind that these should total
approximately 90 hours. Some examples of this type of activity may include:

Pre-Test Review Grading Rubric

Reading Assignments Study Lesson Review Exercises
Key Term Reviews Internet/Web Research
Studying for Examinations Reading Websites
Writing Assignments Suggested Outside Reading
Sample Worksheet for Tracking Your Academic Activities
This worksheet was developed to help you track your time. You are not required to turn it in.
Upon completion of this course, you will be asked to complete a survey. The last question on the survey will ask
you the number of hours it took to complete the course. Course credit is based on the Carnegie Unit - a prescribed
method of measuring educational attainment. For each 3 unit semester course, students will complete a variety of
academic activities including:
45 hours of Academic Engagement and 90 hours of Academic Preparation = 135 hours in total.

Time to Time to Time to Time to Time to

Total Time
Complete Complete Complete Complete Complete
Spent
Unit 1 Unit 2 Unit 3 Unit 4 Final
Academic Engagement Activities

Lesson Review Exercises

Key Term Review Exercises

Study Guide Review

Student Resources

Review Grading Rubric

Case Studies/Critical Analysis

Writing Assignments

Complete Unit Examinations

Course Academic Online Discussions

Student/Instructor Interactions

Total Academic Engagement required for a 3 unit course = 45 hours Total =

Academic Preparation Activities

Pre-Test

Reading Assignments

Review Case Studies/Critical Analysis

Key Term Review Exercises

Study for Examinations

Review Writing Assignments

Review Completed Examinations

Review Grading Rubric

Reading Websites

Study Lesson Review Exercises

Total Academic Preparation required for a 3 unit course = 90 hours Total =

Total hours: Academic Engagement and Academic Preparation related to this course. Grand Total
Other Activities/Comments - (Please note all time for additional course related activities):
Pre-test Instructions

Thank you for taking the time to complete the required pre-test. The purpose of the pre-test is to measure
your knowledge of the subject matter at the beginning of each course.

Please be assured, your score on the pre-test will not be part of your course grade. We do not want you to
try to study for it or be worried about doing well on the pre-test. It is simply a measure of your “starting
place,” that will be used for improving course content and to meet accreditation requirements.

If you receive your course materials online:

• Please log in to your Coast Connection student portal to complete your pre-test before moving
on in this study guide.

If you receive your course materials by mail:

• You will receive your pre-test and answer sheet as a part of your coursework packet. You must
complete the pre-test before moving on in this study guide.

• Once you have completed your pre-test, please mail or fax your answer sheet to the
University at:

California Coast University

925 N. Spurgeon Street
Santa Ana, CA 92701
Fax: 714-547-1451

If you have any questions, please feel free to contact the Student Services Department. Thank you for your
cooperation.
EDU 592
Legal Aspects of Education

Text: Legal Rights—of School Leaders, Teachers, and Students

8th Edition, 2019

Study Guide
ISBN (U.S.): 9780134997537

Author(s): Martha M. McCarthy, Suzanne E. Eckes, Janet R. Decker

Publisher: Pearson

925 North Spurgeon Street, Santa Ana, CA 92701

Phone: 714-547-9625 Fax: 714-547-5777
www.calcoast.edu

Rev. 04/23
All rights reserved. No part of this may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording or by any information storage and retrieval
system without written permission, except for the inclusion of brief quotation in review.

Copyright © 2023 by California Coast University

EDU 592 Legal Aspects of Education
Message From
the President

W elcome to California Coast University. I hope you will find this course
interesting and useful throughout your career.

This course was designed to meet the unique needs of students like you who are
both highly motivated and capable of completing a degree program through
distance learning.

Our faculty and administration have been involved in distance learning for over
forty years and understand the characteristics common to successful students in
this unique educational environment.

This course was prepared by CCU faculty members who are not only outstanding
educators but who have real world experience. They have prepared these
guidelines to help you successfully complete your educational goals and to get the
most from your distance learning experience.

Again, we hope that you will find this course both helpful and motivating. We send
our best wishes as you work toward the completion of your program.

Sincerely,

Thomas M. Neal
President
EDU 592 Legal Aspects of Education
Syllabus

Course Number EDU 592

Course Title Legal Aspects of Education

Faculty Taiebeh Hosseinali, Ed.D.

Course Description Legal Aspects of Education details the principles underlying school
law and provides essential guidelines for school personnel to follow
in their everyday work. Descriptive scenarios of landmark cases and
concepts aid in understanding the context of legal principles as they
apply to a range of school issues. This course explores how basic
legal principles apply to educational questions and emerging legal
issues, policies, and judicial decisions that affect classroom teachers,
leaders, and students.

Units of Credit 3 Units of Credit

Course Objectives Upon successful completion of this course, students will be able to:

• Examine aspects of school law related to the federal, state, and

local governments, religious freedom, and legal generalizations
related to the field.
• Describe instructional and student issues related to the law (i.e.,
curriculum, copyright compliance, proficiency testing, privacy
rights, freedom of speech, clubs, and student appearance).
• Discuss legal issues related to student classifications, the rights
of students with disabilities, and student discipline.
• Evaluate employee rights regarding collective bargaining,
termination, and discrimination.
• Discuss alternative educational choices.
• Demonstrate proficiency with academic writing related to legal
aspects of education.

Learning Resources Textbook: Legal Rights—of School Leaders, Teachers, and Students
8th Edition, 2019
Martha M. McCarthy, Suzanne E. Eckes, Janet R. Decker
Pearson

ISBN (U.S.): 9780134997537

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EDU 592 Legal Aspects of Education
Syllabus

All course examinations are based on the contents of the textbook

required for this course. To successfully complete the examinations,
you will need the textbook. You may rent the textbook from the CCU
rental library or you may purchase the textbook from another source.

The Study Guide

The study guide was designed to help you further understand the
materials in the textbook and master the course content. Each study
guide chapter corresponds to a chapter in the textbook. Although
this study guide is developed by California Coast University, it does
contain materials provided by the publisher of the textbook.

In addition, you may notice images/references/links to additional text

materials outside of the textbook. If so, these images/references/links
may be part of the publisher’s “pay-for-access” online platform. Our
courses are not designed to incorporate these additional resources
and you will NOT need to purchase these additional features to be
successful in this course.

The Student Portal

To assist you with your educational program, every student has access
to their own student portal. The student portal contains important
information on your messages, account, academic plan, the rental
library, student orientation, student handbook, student resources, and
forms.

Your “Academic Plan” details your program requirements with all of

your required courses listed. For each course, you will find a course
description, course objectives, textbook information, course syllabus,
writing assignment information, and examination information. In
addition, there are course notes—including PowerPoints—to
accompany your textbook, learning activities, and other important
resources.

The student portal is designed to help you track your progress and
keep you connected to your educational program and courses during
your time at California Coast University.

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EDU 592 Legal Aspects of Education
Syllabus

The Library Information and Resources Network, Inc. (LIRN)

Students are provided access to the Library and Information
Resources Network, Inc. (LIRN). LIRN provides a centralized
management of electronic information resources that allow students
to access multiple research databases through one portal. Detailed
information on the Library and Information Resources Network,
Inc. is available on the California Coast University website under
the Resources tab. For additional information on using the network,
LIRN provides a User Guide to help students search for the needed
information. This helpful resource is available on the LIRN website.
For information on accessing LIRN, please contact California Coast
University - library@calcoast.edu or (714) 547-9625.

Your Course Grade

Your grades on course examinations are determined by the percentage
of correct answers. The university uses the following grading system:

A = 90% – 100% correct

B = 80% – 89% correct
C = 70% – 79% correct
D = 60% – 69% correct
F = 59% and below correct

Your grade in this course will be based on the number of points you
earn. Grades are based on the percentage of points you earned out of
a total of 500 points:

Four Unit Examinations

100 points each 400 points total 80% of your grade
Final Examination
100 points 100 points total 20% of your grade

Mastering the Course Content

In order to successfully complete this course, we recommend that
you do the following before beginning:
• Be sure that you have the correct edition of the course
textbook. Check the ISBN number of your textbook with the
ISBN number listed on the cover page of this study guide.
• Review the table of contents at the end of this syllabus.
You will only be responsible for the chapters in the textbook
that are listed in the table of contents.

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EDU 592 Legal Aspects of Education
Syllabus

Each study guide contains several components selected and

developed by the faculty to help you master the content of the
course. Each chapter in the study guide corresponds to a chapter in
the textbook. Study guides vary depending on the course, but most
will include:

Learning Objectives
Overviews
Self Tests
Summaries
Key Terms
Critical Analysis Questions

The most efficient way to complete this course is to read the

material in both the study guide and textbook in the sequence in
which it appears, generally from beginning to end.

Read the Overviews and Summaries

Before reading a chapter of your textbook, review the corresponding
learning objectives, overview, key terms and summary sections in the
study guide. These were prepared to give you a preview of the content
to be learned.

Review the Critical Analysis and/or Case Study Questions

The critical analysis questions are designed to help you gain a deeper
understanding and appreciation for the course subject matter. This
section will encourage you to give additional thought to the topics
discussed in the chapter.

Read and Review the Chapter

Once you have the scope and organization of the chapter in mind,
turn to the corresponding chapter in the textbook and read the
materials carefully. Keep the learning objectives, self test questions,
and critical analysis questions in mind as you read.

Highlight important concepts and information in your study guide and

write notes in the study guide as you read the textbook. These notes
will help you study for the unit and final examinations.

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EDU 592 Legal Aspects of Education
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Check Your Mastery of Each Chapter

When you feel that you have mastered the concepts presented in the
chapter, complete the study guide self test and critical analysis
questions without referring to the textbook or your notes. Correct your
responses using the answer key and solutions guide provided in the
study guide. Your results will help you identify any areas you need to
review.

Unit Examinations
Each course contains four unit examinations and a final
examination. Unit examinations consist of 25 objective (multiple
choice) test questions. The final examination consists of 100
objective (multiple choice) questions.

Unit examinations are open-book, do not require a proctor and are

not timed. This will allow you to proceed at your own pace. As you go
through the study guide, it will prompt you on when to complete a
unit exam (approximately after every three to six chapters). The Table
of Contents in this syllabus will also give you an overview of which
textbook chapters are covered in each of the four unit exams.
It is recommended that you check your answers against the materials
in your textbook for accuracy.

Writing Assignments
Each course includes a written component. The writing assignments
give students the opportunity to demonstrate a level of subject
mastery beyond the objective unit examinations, which reflects his/
her ability to analyze, synthesize, evaluate and apply his/her
knowledge. Writing assignments are based on course materials,
textbooks, and outside research.

Writing assignments are judged on the quality of the response in

regard to the question. Word count is NOT one of the criteria that is
used in assigning points to writing assignments. However, students
who are successful in earning the maximum number of points tend to
submit writing assignments that fall between 750-1000 words (3-4
pages) per question.

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EDU 592 Legal Aspects of Education
Syllabus

Plagiarism
All work must be free of any form of plagiarism. Put written answers
into your own words. Do not simply cut and paste your answers from
the Internet and do not copy your answers from the textbook.

Plagiarism consists of taking and using the ideas, writings or

inventions of another, without giving credit to that person and
presenting it as one’s own. This is an offense that the university takes
very seriously. An example of a correctly prepared written response
may be found by visiting the Coast Connection student portal. You
can find this in the portal by clicking on Student Resources and then
Writing Basics.

Citation Styles
The majority of your response should be your own original writing
based on what you have learned from the textbook and outside
materials, if applicable. Be sure to provide a citation and a reference
for any materials used, including the required textbook. The
following points are designed to help you understand how to provide
proper citations and references for your work:

• Sources are listed in two places.

• The first, a citation, is briefly listed within your answer. This

includes identifying information that directs the reader to
your list of references at the end of your writing
assignment.

• The second, a reference, is at the end of your work in the list

of references section.

• All sources cited should follow APA style and provide enough
identifying information so that the reader can access the
original material.

More detailed information about citations and references can be

located on the Coast Connection student portal. You can find this in
the portal by clicking on Student Resources and then Writing Lab.

Submitting Your Unit Examinations and Writing Assignments via the Internet
Students may access the online testing features via the Coast
Connection student portal. Multiple choice unit examinations may be
completed and submitted online.

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EDU 592 Legal Aspects of Education
Syllabus

Go to the California Coast University homepage at www.calcoast.edu

and click on the Student Login icon at the upper right hand corner.
After logging into your account, click on My Academic Plan and
select the course you are working on to complete the unit
examination. More detailed instructions on completing the
examination online will be provided on that page. Remember to keep
a copy of your answers for your own personal records.

Writing assignments may be submitted online as well. After logging

into the student portal, click on My Academic Plan and select the
course you are working on to complete the Writing Assignments.
Here, you will find further information and instructions on how to
submit Writing Assignments through the student portal. Remember
to keep a copy of your Writing Assignments for your own personal
records.
Alternatively, if you experience difficulty submitting your Writing
Assignments through the student portal, then you may email your
assignments as a Word document attachment to the following email
address:

essays@calcoast.edu

When doing so, please adhere to the following guidelines:

• Always submit your name, student number, course number,

course title and Writing Assignment number (i.e. Writing
Assignment 1, 2, 3, or 4) with your Writing Assignments.

• Begin each Writing Assignment by identifying the question

number you are answering followed by the actual question
itself (in bold type).

• Use a standard essay format for responses to all questions

(i.e., an introduction, middle paragraphs and conclusion).

• All responses must be typed double-spaced, using a

standard font (i.e. Times New Roman) and 12 point type
size for ease of reading and grading.

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EDU 592 Legal Aspects of Education
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Submitting Your Unit Examinations by Mail or Fax

Send your completed unit examinations along with any writing
assignments to the following mailing address:

California Coast University

Testing Department
925 N. Spurgeon Street
Santa Ana, CA 92701

Unit examination answer sheets can also be faxed to the

Grading Department at (714) 547-1451. Please do not
resize your fax.

The Grading Department WILL NOT accept faxed Writing

Assignments.

Challenging a Test Item

We make every effort to ensure that all examination items are fair,
free of errors, and can be answered by reading and understanding
the material in your textbooks. However, problems sometimes arise in
the selection or interpretation of test items. For example, you might
argue that two alternatives could be correct, based on the material
you read, or that the correct answer is not among the choices.
Occasionally, a typographical error might make a question difficult to
answer.

If you encounter a problem with a test item while taking your exam,
you may “challenge” it by providing a brief explanation along with the
page number(s) from the textbook in which the correct answer can be
found. Likewise, you may also submit a test item challenge after your
exam has been graded if you feel a test item was scored incorrectly.
Students may submit up to two test item challenges for each unit
exam and up to four test item challenges for the final exam. Test item
challenges are not permitted for the pre-test. You may submit test
item challenges via the Coast Connection student portal or by U.S.
mail.

Submitting Your Test Item Challenges via the Internet

Please log into the Coast Connection student portal for specific
instructions on challenging a test item. You will submit your test item
challenges directly through the student portal.

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EDU 592 Legal Aspects of Education
Syllabus

Submitting Your Test Item Challenges by Mail

• For each test question you wish to challenge, fill in option “F” on
the answer sheet for that question.
• On a separate sheet of paper, indicate your name and student ID
number, identify the examination you are working on (i.e., Unit
Exam 1, 2, 3, etc.), and the specific question number you are
challenging.
• Write out the question and its given choices and explain why you
are “challenging” the test item.
• Provide a page reference from the textbook to support your
answer. If you do not provide a page reference, we may not be
able to give you credit.
• Mail your multiple choice answer sheet and test item challenge
documents to the Testing Department.

The information you provide is important to us. It will help us further

validate and correct any possible errors in the testing materials.

If you follow the Test Item Challenge procedure, your challenge will
be reviewed and if correct, you will be given credit. You should allow
an additional week for the review and scoring of your examination.

Repeating a Unit Exam

Requests to retake a unit examination will only be honored if the
final exam has NOT been sent.

Students may retake one unit examination per course, free of charge.
The cost for each additional, repeated exam will be $90. Payment
must be paid in full prior to repeating a unit exam and can be done
via the student portal or by submitting a Repeat Unit Exam form.

Please contact the Testing Department for more information. When

repeating a unit exam through the student portal, the original grade
will be cleared out once you click Re-take.

Final Examination
Scheduling a Final Examination

Final examination requests can be submitted online through the

Coast Connection student portal, via U.S. mail, or by calling the
Testing Department at (714) 547-9625.

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EDU 592 Legal Aspects of Education
Syllabus

If you would like to request a final exam online, log into the Coast
Connection student portal and click on My Academic Plan. Select the
course you are working on and submit the Final Exam Request form
located at the bottom of the page. ALL INFORMATION MUST BE
FILLED IN.

A final exam scheduling form is also located on the last page of this
study guide and can be mailed or faxed to the university. Please
fill out ALL required fields if you choose to submit your final exam
request using this form.

After we receive the Final Examination Request Form, CCU will send
your final examination to your designated proctor via email or mail,
along with instructions.

Proctors
California Coast University requires that graduate students complete
all final examinations under the supervision of a proctor.

The proctor is selected by the student and approved by the

university. A proctor can be any reputable person EXCEPT a
relative, someone who resides with the student, or a current/former
California Coast University student. Typical examples of approved
proctors include friend, neighbor, job supervisor, co-worker, librarian,
counselor, etc.

Proctors will have the following responsibilities:

• Ensure that all final examination materials are kept secure and
confidential.
• Ensure that the student completes the examination without any
outside assistance of any kind other than the course textbook,
notes and other study materials.
• Verify the student’s identification based on a government-issued
photo ID. Proctors will need to verify the student’s name and date
of birth.
• Sign the final examination answer sheet (unsigned answer sheets
will not be graded).
• Return the signed and completed answer sheet to California
Coast University for grading and evaluation via mail, fax, or
through the student portal.

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EDU 592 Legal Aspects of Education
Syllabus

Submitting Your Final Examination

Submitting Final Examinations via the Internet

For online submissions, once you have logged into the student portal,
click on My Academic Plan, select the course you are working on, and
then click Take Exam to complete the final examination. Your proctor
must input the unique password he/she was sent in order to unlock
your final examination questions. Remember to keep a copy of your
answers for your own personal records.

Submitting Final Examinations by Mail or Fax

Mail your completed and signed final examination answer sheet to:

California Coast University

Testing Department
925 N. Spurgeon Street
Santa Ana, CA 92701

Final examination answer sheets can also be faxed to the Grading

Department at (714) 547-1451. Please do not resize your fax.

Your Overall Grade Point Average (G.P.A.)

In addition to receiving a passing grade for each course, all students
must maintain a required overall G.P.A. of 3.0 (B) on a 4.0 scale in
order to graduate.

A = 4 grade points
B = 3 grade points
C = 2 grade points
D = 1 grade point
F = 0 grade points

Students who do not meet the overall G.P.A. requirement by the end
of their program must pay the current cost of tuition to repeat courses
until they improve their overall G.P.A.

Be sure to keep a copy of all work you submit to the university.

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EDU 592 Legal Aspects of Education
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If you have any questions about how to proceed through the course or regarding any California Coast
University policies and procedures, the easiest way to get help is to send us a message through the
student portal, via email, or phone the university.

University office hours are Monday through Friday from 8:00 a.m. to 4:30 p.m., Pacific Standard Time.

California Coast University

925 N. Spurgeon Street, Santa Ana, California 92701
Phone: (714) 547-9625 Fax: (714) 547-5777
Test Answer Sheet Fax Line: (714) 547-1451

Email: testing@calcoast.edu

Don’t forget: You are not alone! We are here to help you achieve your dream!

92
5

U
ED

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EDU 592 Legal Aspects of Education
Syllabus

Learning Objectives
The learning objectives for this course are listed below:

Chapter 1: Introduction to School Law

1. Examine why school employees should study school law.

2. Distinguish between the federal, state, and local role in education.
3. Analyze the four primary sources of law affecting education.
4. Differentiate the levels of the federal and state court systems.
5. Identify how to locate primary and secondary legal resources.

Chapter 2: Tort Liability

1. Assess what an injured student must prove in order for teachers, school districts, and
other employees to be held liable for negligence.
2. Apply the various negligence defenses to scenarios that arise in schools.
3. Examine the legal issues related to intentional torts.
4. Analyze what damages might be awarded in tort cases.

Chapter 3: Church/State Relations

1. Examine the judicial tests used to assess Establishment Clause and Free Exercise Clause
claims and the different remedies for violations of the two clauses.
2. Describe the different legal standards applied to public school access for student religious
meetings under the Equal Access Act and community religious meetings under the First
Amendment.
3. Analyze the circumstances under which students can be excused from public school
assignments or requirements for religious reasons.
4. Examine the legal issues involved with religious challenges to the public school
instructional program.

Chapter 4: Instructional Issues

1. Examine the limitations on state control of the public school curriculum.

2. Analyze how judicial standards differ in addressing instructional censorship initiated by
parents versus school policy makers.
3. Assess the conditions that must be met under fair use guidelines for educators to use
materials without permission from the copyright holders.
4. Examine the conditions that must be satisfied for schools to require proficiency test
passage as a prerequisite to high school graduation.
5. Analyze privacy protections afforded to students and their parents under the Family
Educational Rights and Privacy Act.

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EDU 592 Legal Aspects of Education
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Chapter 5: Student Expression, Association, and Appearance

1. Examine the four Supreme Court student expression cases and the legal principles they
established.
2. Evaluate what constitutes a true threat.
3. Analyze the circumstances under which student Internet expression can be curtailed.
4. Distinguish the conditions under which student clubs can meet in public schools.
5. Justify the types of student attire that can be barred in public schools.

Chapter 6: Student Classifications

1. Determine what legal grounds can be used to challenge student classifications based on
race, ethnicity, national origin, sex, sexual orientation, gender identity, age, and ability.
2. Examine current developments in the law that address race-conscious student assignment
plans, transgender students, and native language.
3. Analyze the legal entitlements of high-ability students.

Chapter 7: Rights of Students with Disabilities

1. Examine how students with disabilities are eligible for services under IDEA versus Section
504/ADA.
2. Analyze the U.S. Supreme Court’s standard to determine whether a district has provided a
student educational benefits as required by IDEA.
3. Define commonly used special education acronyms (e.g., FAPE, IEP, LRE).
4. Assess the Manifestation Determination Review procedures including the ten-day rule.
5. Compare IDEA’s requirements for school districts with those mandated by Section 504/
ADA.

Chapter 8: Student Discipline

1. Assess what schools should and should not do when developing student codes of conduct.
2. Distinguish the due process procedures for students who are suspended versus expelled.
3. Examine what constitutes reasonable suspicion to search students.
4. Analyze what legal remedies students have if they are wrongfully disciplined.

Chapter 9: Conditions of Employment and Collective Bargaining

1. Examine the requirements to obtain and retain a teaching or administrative license.

2. Recognize the authority of local school boards to hire, fire, assign, and transfer school
employees.
3. Analyze issues that have led to litigation surrounding personnel evaluations.
4. Assess how to maintain personnel records in accordance with federal and state mandates.
5. Outline the process for reporting child abuse and neglect.
6. Distinguish between the collective bargaining processes for a teachers’ union and the
grievance procedures for individual school employees.

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Syllabus

Chapter 10: Employees’ Substantive Constitutional Rights

1. Examine the primary U.S. Supreme Court decisions relating to public employee
expression.
2. Distinguish between teachers’ rights in dictating course content versus instructional
strategies.
3. Justify when schools may violate employees’ freedom of association rights.
4. Identify reasonable restrictions that schools may place on employee appearance.
5. Delineate the legal standard surrounding searching and drug testing employees, as well as
the legal standard needed to discipline an employee for out-of-school conduct.

Chapter 11: Discrimination in Employment

1. Analyze the differences among the federal laws and constitutional provisions that are most
relied upon in employment discrimination cases.
2. Apply relevant court decisions related to discriminatory practices against teachers and
school leaders to scenarios that may arise in schools.
3. Examine current developments in the law that focus on discriminatory practices involving
race, sex, sexual orientation, religion, age, and disability.

Chapter 12: Termination of Employment

1. Examine key terms including tenure, dismissal, and nonrenewal as well as property and
liberty interests.
2. Distinguish what due process protections are required for teachers who are not renewed
versus dismissed.
3. Analyze the common causes for dismissal found in state statutes.
4. Assess what remedies are available for employees who believe they were wrongfully
terminated.

Chapter 13: Alternatives to Increase Educational Choice

1. Examine the rationale for establishing charter schools and controversial issues involving
these schools.
2. Analyze how states regulate home schooling.
3. Evaluate the role of vouchers, tax-credit scholarships, and education savings account
programs that allow public funds to flow to private education.
4. Assess federal and state challenges to state efforts to increase family access to private
education.

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Syllabus

Chapter 14: Summary of Legal Generalizations

1. Examine the legal generalizations of state control of public education.

2. Analyze the legal generalizations of school policies and practices that must not
disadvantage specific individuals or groups.
3. Assess the legal generalizations of alternatives to traditional public schools.

xxvi
EDU 592 Legal Aspects of Education
Syllabus

Resources and Learning Activities

Learning extends beyond the textbook, exams, and writing assignments. To help you find out more
about the course you are completing, we have developed some learning activities and course
resources that will accompany each course. Our intention is to encourage you to explore new ideas
and concepts. You will find these located in your student portal.

We suggest you spend about 5 hours per Unit exploring and engaging in the learning activities and
the course resources listed on the student portal. As we will be adding new material on a regular
basis, we encourage you to check back frequently.

To give you an idea, here are some of the types of resources we’ve included in the student portal:

• Learning activities to help you explore the subject in some different ways.
• Suggested Readings.
• Websites related to your course.
• Professional organizations you might investigate.
• Videos to watch.

Lastly, education goes beyond just courses and degree programs. Hopefully, as a student, you are
consistently learning and expanding your knowledge with education that transcends what you learn
at the University.

To expand awareness and appreciation for the larger scope of education, we have included
resources on the following:

• Critical Thinking
• Ethical Reasoning
• Social Responsibility
• Global Citizenship
• Civic Engagement
• Lifelong Learning

We wish you success on your educational journey!

xxvii
EDU 592 Legal Aspects of Education
Table of Contents

Unit One

Chapter 1: Introduction to School Law . . . . . . . . . . . . . . . . . . . . . . . . . 1

Chapter 2: Tort Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Chapter 3: Church/State Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Chapter 4: Instructional Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Unit 1 Examination Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Unit Two

Chapter 5: Student Expression, Association, and Appearance . . . . . . . . . 45

Chapter 6: Student Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Chapter 7: Rights of Students with Disabilities . . . . . . . . . . . . . . . . . . . 65

Chapter 8: Student Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Unit 2 Examination Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

Unit Three

Chapter 9: Conditions of Employment and Collective Bargaining . . . . . . . 88

Chapter 10: Employees’ Substantive Constitutional Rights . . . . . . . . . . . 98

Chapter 11: Discrimination in Employment . . . . . . . . . . . . . . . . . . . . . . 109

Unit 3 Examination Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

Unit Four

Chapter 12: Termination of Employment . . . . . . . . . . . . . . . . . . . . . . . . 122

Chapter 13: Alternatives to Increase Educational Choice . . . . . . . . . . . . . 132

Chapter 14: Summary of Legal Generalizations . . . . . . . . . . . . . . . . . . . 142

Unit 4 Examination Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151

Writing Lab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153-156

Final Examination Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

Final Exam Scheduling Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

xxviii
EDU 592 Legal Aspects of Education
Objectives

Chapter One
Introduction to School Law

Learning Objectives

Upon successful completion of this chapter, you should be able to:

1. Examine why school employees should study school law.

2. Distinguish between the federal, state, and local role in

education.

3. Analyze the four primary sources of law affecting education.

4. Differentiate the levels of the federal and state court

systems.

5. Identify how to locate primary and secondary legal

resources.

Instructions to Students
• Read pages 1-26 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

1
EDU 592 Legal Aspects of Education
Overview

How do courts influence the law that affects public schools? What are constitutions,
statutes, regulations, and case law? Where can educators find state and administrative law? This
chapter begins by clarifying why all school employees benefit from legal training. It then
establishes the context for subsequent chapters by providing an overview of the legal framework.
After outlining the state and federal structure of the U.S. educational system, the chapter
identifies which primary and secondary sources of law affect education, describes the structure
and function of the judicial system, and offers guidance about how to locate legal resources.

2
EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Law:

Legal literacy:

Subject matter jurisdiction:

Geographic jurisdiction:

Primary sources of law:

Secondary sources of law:

3
EDU 592 Legal Aspects of Education
Summary

Public schools in the United States are governed by a complex body of rules that are
grounded in constitutional provisions, statutory enactments, agency regulations, and court
decisions. Since the mid-twentieth century, legislation relating to schools has increased
significantly in both volume and complexity, and courts have played an important role in
interpreting statutory and constitutional provisions. Although rules made at any level must be
consistent with higher authority, administrators and teachers retain considerable latitude in
establishing rules and procedures within their specific jurisdictions. So long as educators act
reasonably and do not impair the protected rights of others, their actions will be upheld if
challenged in court.

School personnel, however, cannot plead “ignorance of the law” as a valid defense for
illegal actions. Thus, educators should be aware of the constraints placed on their rule-making
prerogatives by school board policies and federal and state constitutional and statutory provisions.
School employees should be legally literate in order to spot legal issues, apply the law, and solve
legal dilemmas. Learning about the law can alleviate fear, improve decision making, prevent
lawsuits, and ultimately protect the rights of students and employees. The U.S. legal framework
has a unique system of checks and balances and includes the executive, legislative, and judicial
branches. Because education is a state function, federal involvement is indirect, but influential
in the daily operations of schools. Constitutions, statutes, regulations, and case law are the main
sources of education law.

All schools must follow federal civil rights laws that implement constitutional guarantees,
but only schools that receive federal funds must follow funding laws. Although state legislative
bodies have plenary or complete control over education, they delegate some decisions to local
school boards.

Courts do not make law like legislative bodies, but they play an important role in
interpreting the law. State courts accept cases involving any question, whereas federal courts
accept only cases involving a federal constitutional or statutory question or when parties are from
different states or countries. When conducting legal research, it is important to locate and review
both primary and secondary sources.

4
EDU 592 Legal Aspects of Education
Self Test

1. _______ is an important tool used by state boards to compel local school districts to abide by
their directives.

2. Although public education in the United States is _______ controlled, it is, for the most part,
locally administered.

3. The primary functions of the _______ are to coordinate federal involvement in education
activities, identify educational needs of national significance, propose strategies to address
these needs, and provide technical and financial assistance to state and local education
agencies.

4. The _______ amendment guarantees the right of citizens to be free from unreasonable
searches and seizures.

5. Whereas statutes are the actual law, _______ are supplements to the law that are legally
binding.

5
EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

The critical analysis questions are designed to help you gain a deeper understanding of the subject
matter, develop an increased ability to apply what you have learned and integrate this knowledge into
a greater understanding and appreciation for your field of study. Completion of the following questions
will help you outline your answers and organize your thoughts within an appropriate framework. These
practice questions will not be graded but you should apply the same analytical skills and writing
proficiencies that you will need for the writing assignments. We suggest writing your answers on
another piece of paper and comparing your results to the suggested answers at the end of this chapter
to help you identify any areas you need to review.

1. Examine the federal versus the state role in education. (chapter 1, learning objective 2)

2. Analyze the purpose and role of the judicial system. (chapter 1, learning objective 4)

6
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

Law: a collection of rules created to govern a community.

Legal literacy: the ability to spot legal issues, identify applicable laws or legal standards, and apply
the relevant legal rules to solve legal dilemmas.

Subject matter jurisdiction: limits the type of cases that a court can consider.

Geographic jurisdiction: restricts a court from deciding cases outside of the physical boundaries
assigned to that court.

Primary sources of law: can be classified as constitutions, statutes, regulations, and case law.

Secondary sources of law: provide legal guidance but are not the actual law and thus do not have
the legal authority of primary sources.

7
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. accreditation

2. state

3. Department of Education

4. fourth

5. regulations

8
EDU 592 Legal Aspects of Education
Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Assess what an injured student must prove in order for

teachers, school districts, and other employees to be held
liable for negligence.

2. Apply the various negligence defenses to scenarios that arise

in schools.

3. Examine the legal issues related to intentional torts.

4. Analyze what damages might be awarded in tort cases.

Instructions to Students
• Read pages 27-49 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

11
EDU 592 Legal Aspects of Education
Overview

Can a teacher or school leader be held liable when a student is injured in the classroom,
on a field trip, or during recess? Can a school official be found liable for breaking up a fight that
results in injury to a student? Would an educator be liable for defamation after making negative
comments about students to colleagues? Such questions often evoke anxiety and self-doubt among
teachers and administrators. When a parent sues the school district or its employees after a
student has been injured, courts are asked to determine whether school officials could have
prevented the injury. This chapter explores the circumstances under which school districts and
their employees might be responsible for student injuries that occur at school-related events. It
also examines intentional torts and defamation.

12
EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Tort:

Negligence:

Reasonable person:

13
EDU 592 Legal Aspects of Education
Summary

All individuals, including educators, are responsible for their actions and can be liable for
damages if they intentionally or negligently cause injury to others. Educators have a responsibility
to act reasonably, but some negligent conduct is likely to occur. Consequently, educators should
be knowledgeable about their potential liability under applicable state laws and should ensure
that they are either protected by their school districts or have adequate insurance coverage for any
damages that might be assessed against them.

Moreover, school personnel should refrain from intentionally injuring others, engaging in
assaultive behaviors, detaining students for inappropriate reasons, or participating in conduct that
ultimately might result in the emotional distress of another. Educators also should be cautious
when sharing information about colleagues or students as the dissemination of incorrect or
confidential information may result in a defamation lawsuit.

The educator’s conduct in a given situation is gauged by whether a reasonably prudent

educator (with the special skills and training associated with that role) would have acted in a
similar fashion under like conditions. Educators owe students a duty to provide proper instruction
and adequate supervision; to maintain equipment, buildings, and grounds in proper condition; and
to provide warnings regarding any known dangers. Educators are expected to exercise a standard of
care commensurate with the duty owed.

Foreseeability of harm is a crucial element in determining whether an educator’s

actions are negligent. If an educator has information that a student poses a danger to self or
others, parents and identifiable victims must be notified. An intervening act can relieve an
educator of liability for negligence if the act caused the injury and the teacher had no reason to
anticipate that it would occur.

The common law doctrine of governmental immunity has been waived in most states (e.g.,
“safe place” statutes), but school districts may still successfully assert immunity if the claim does
not fall under the scope of the waiver. Where recognized, contributory negligence can be used to
relieve school personnel of liability if it is established that the injured party’s own actions were
significant in producing the injury.

Under comparative negligence statutes, damages may be apportioned among negligent

defendants and plaintiffs. If an individual knowingly and voluntarily assumes a risk of harm,
recovery for an injury may be barred. School personnel can be held liable for battery if it is
determined that they used excessive force with students. Unnecessary restraint and excessive
detainment of students can result in false imprisonment charges. In severe cases in which conduct
qualifies as “extreme” or “outrageous,” educators or students can be found liable for the
intentional infliction of mental distress.

Public officials can recover damages for defamation from the media for statements
ertaining to public issues only if malice or an intentional disregard for the truth is shown.
p
Educators generally are protected from defamation charges by “qualified privilege” when their
statements about students are made to appropriate persons and are motivated by proper
intentions.

14
EDU 592 Legal Aspects of Education
Self Test

1. There are two types of causation: cause-in-fact and ________.

2. Legal negligence does not exist unless ________ is incurred directly by the individual or by the
individual’s property.

3. The ________ or governmental immunity means that states cannot commit a legal wrong and
are therefore immune from lawsuits.

4. To prevail in a defamation case, private individuals need prove only that a ________ by the
defendant was received and understood by a third party and that injury resulted.

5. Statements that are considered ________ cannot serve as a basis for defamation.

15
EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine the role of negligence and duty in education. (chapter 2, learning objective 2)

2. Assess intentional torts within the context of school personnel. (chapter 2, learning objective 3)

16
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

Tort: a civil wrong, and individuals who believe they have been injured can sue alleged wrongdoers
in civil court for damages.

Negligence: an injury that occurs in which a reasonable person could have anticipated the results.

Reasonable person: a person of average intelligence, physical strength, and memory.

17
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. proximate cause

2. actual injury

3. doctrine of sovereign

4. false publication

5. absolutely privileged

18
EDU 592 Legal Aspects of Education
Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Examine the judicial tests used to assess Establishment

Clause and Free Exercise Clause claims and the different
remedies for violations of the two clauses.

2. Describe the different legal standards applied to public

school access for student religious meetings under the
Equal Access Act and community religious meetings under
the First Amendment.

3. Analyze the circumstances under which students can be

excused from public school assignments or requirements for
religious reasons.

4. Examine the legal issues involved with religious challenges

to the public school instructional program.

Instructions to Students
• Read pages 50-81 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

21
EDU 592 Legal Aspects of Education
Overview

Efforts to identify the appropriate relationship between government and religion have
generated substantial controversy in our nation, and since the mid-twentieth century, schools have
provided the battleground for some of the most volatile disputes. Can prayers be said in public
schools, extracurricular activities, or school board meetings? Can students select religious themes
in completing school assignments? Can states provide funds for religious schools? These and other
questions guide this chapter’s discussion of the evolution and current status of church/state
relations involving education.

22
EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

The First Amendment:

The Lemon Test:

Coercion Test:

Endorsement test:

23
EDU 592 Legal Aspects of Education
Summary

Since the early 1960s, church/state controversies have generated a steady stream of
education litigation, and there are no signs of diminishing legal activity in this domain. The
principle that the First Amendment demands wholesome governmental neutrality toward religion
has been easier to assert than to apply. Some lawsuits have involved claims under the Free
Exercise Clause, but most school cases have focused on interpretations of Establishment Clause
prohibitions.

From the 1960s through the mid-1980s, the federal judiciary seemed more committed
to enforcing Establishment Clause restrictions in elementary and secondary school settings than
elsewhere. Since the mid-1980s, there seems to be greater acceptance of government
accommodation of religion, especially in terms of public funds flowing to religious schools. Also,
religious influences and accommodations in public schools have become more common. The Free
Speech Clause increasingly seems to prevail over Establishment Clause restrictions in protecting
religious expression in public education, and the Free Exercise Clause may become dominant in
terms of state aid to religious schools. The metaphor of separation of church and state seems to
have been replaced by the concepts of equal access for religious groups and expression.

Devotional activities sponsored by public schools, regardless of voluntary student

participation, violate the Establishment Clause. Students have a free exercise right to engage in
silent prayer in public schools, but school personnel cannot encourage students to pray. Prayers
delivered by members of the clergy at public school graduation ceremonies violate the
Establishment Clause, but student-initiated devotionals during the ceremony may be permissible if
a forum for student expression has been established.

Holidays with both secular and religious significance can be observed in an objective and
prudent manner in public schools. Public schools can place restrictions on the use of religious
music in school programs, but they are not obligated to do so unless a particular faith is being
promoted. The Ten Commandments and other religious documents cannot be permanently posted
in public schools. The academic study of religion is legitimate in public schools as long as it is not
a ploy to instill religious beliefs. Under the EAA, if a secondary school receives federal funds and
creates a limited forum for student groups to meet during noninstructional time, clubs cannot be
denied access based on the religious, political, or philosophical content of their meetings.
Religious organizations generally cannot distribute their literature in public schools, but
sectarian materials prepared and distributed by students are usually treated like other types of
private student expression, subject to reasonable time, place, and manner restrictions.

Under the First Amendment, if community groups are allowed to use public schools after
school hours, groups cannot be discriminated against based on the religious content of their
meetings, even groups that target children attending the school. Students can be released from
public schools to receive religious instruction if it is provided off public school grounds.

Students are entitled to be excused to observe religious holidays if their absences do not
interfere with their educational progress or place an undue hardship on the school. Students have
a First Amendment right to be excused from reciting the Pledge of Allegiance in public schools,
but challenges to saying “under God” in the Pledge have not been successful. Although states
can require students to be vaccinated as a prerequisite to school attendance, they also can enact
religious and other exemptions from such immunization requirements.

24
EDU 592 Legal Aspects of Education
Summary

Students can be excused from specific public school assignments that impede the practice
of their religion so long as the management of the school or the students’ academic progress is not
disrupted. Parental challenges to teaching about evolution, sex education, and other secular topics
in public schools have not been successful.

Public aid for secular services in private schools has been upheld if it benefits the child
and only incidentally benefits religious institutions. Religious schools may have a free exercise right
to participate in generally available state assistance programs; access cannot be denied solely on
the basis of religion.

25
EDU 592 Legal Aspects of Education
Self Test

1. Students have a free exercise right to engage in private _______ activities in public schools so
long as they do not interfere with regular school activities.

2. Several controversies have involved coaches _______ in locker rooms or during games.

3. Numerous _______ study courses, particularly at the elementary school level, have been
challenged as ploys to advance sectarian beliefs.

4. In the 1960s and 1970s, it often was assumed that religious speech must be barred from
government forums to comply with the _______ clause.

5. Instruction pertaining _______ of human life has generated continuing legal disputes.

26
EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine the First Amendment’s Establishment Clause. (chapter 3, learning objective 1)

2. Analyze the concept of public school sponsorship of devotionals versus the allowance of private
religious expression. (chapter 3, learning objective 2)

27
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

The First Amendment: Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble, and to petition the Government for a redress of
grievances.

The Lemon Test: the government actions will violate the Establishment Clause if they: have a
religious purpose, advance or impede religion, or create excessive government entanglement with
religion.

Coercion Test: the government actions will violate the Establishment Clause if they place direct or
indirect government coercion on individuals to profess a faith.

Endorsement test: the government actions will violate the Establishment Clause if they have a
purpose or effect of endorsing or disapproving religion.

28
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. devotional

2. praying

3. bible

4. Establishment

5. origin

29
EDU 592 Legal Aspects of Education
Solutions Guide

1. Examine the First Amendment’s Establishment Clause. (chapter 3, learning objective 1)

The First Amendment to the United States Constitution stipulates in part that “Congress
shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”
Although this amendment was directed toward the federal government, the Fourteenth Amendment,
adopted in 1868, specifically placed restrictions on state actions impairing personal rights. In the
twentieth century, the Supreme Court recognized that the Fourteenth Amendment’s fundamental
concept of “liberty” incorporates First Amendment guarantees and safeguards these rights against
state interference. Because education is primarily a state function, most church/state controversies
involving schools have been initiated through the Fourteenth Amendment to reach First Amendment
protections.

2. Analyze the concept of public school sponsorship of devotionals versus the allowance of private
religious expression. (chapter 3, learning objective 2)

In two precedent-setting decisions in the early 1960s, the Supreme Court prohibited
public schools from sponsoring daily prayer and Bible reading, concluding that such activities
advance religion in violation of the Establishment Clause, and students’ voluntary participation was
irrelevant. The fact that daily devotional activities were conducted under the auspices of the public
school was sufficient to abridge the First Amendment. Yet, these rulings have not resolved some
issues pertaining to religious influences in public education. Is the Establishment Clause violation
lessened if students rather than teachers initiate the devotional activities or if religious observances
are occasional rather than daily? Can religious speech be distinguished from other types of speech
in applying restrictions? These and other issues are addressed below in connection with silent prayer
statutes; school-sponsored versus private devotionals; religious displays, music, and holiday
observances; proselytization in the classroom; and equal access for religious expression and groups.

Students have a free exercise right to engage in private devotional activities in public
schools so long as they do not interfere with regular school activities. Indeed, it would be difficult to
monitor whether students were engaging in silent prayer. Controversies have focused on state laws or
school board policies that condone silent devotionals, thus placing the stamp of public school
approval on such activities.

30
EDU 592 Legal Aspects of Education

Notes

31
EDU 592 Legal Aspects of Education
Objectives

Chapter Four
Instructional Issues

Learning Objectives

Upon successful completion of this chapter, you should be able to:

1. Examine the limitations on state control of the public school

curriculum.

2. Analyze how judicial standards differ in addressing

instructional censorship initiated by parents versus school
policy makers.

3. Assess the conditions that must be met under fair use

guidelines for educators to use materials without permission
from the copyright holders.

4. Examine the conditions that must be satisfied for schools

to require proficiency test passage as a prerequisite to high
school graduation.

5. Analyze privacy protections afforded to students and their

parents under the Family Educational Rights and Privacy
Act.

Instructions to Students
• Read pages 82-107 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

32
EDU 592 Legal Aspects of Education
Overview

Can states prescribe a specific curriculum for public schools? Can school boards censor
library and instructional materials? What privacy rights of students must be respected in their
school records? These and many more questions about instructional issues continue to be
controversial. Although U.S. citizens have no federal constitutional right to a public education,
each state constitution places a duty on its legislature to provide for free public schooling, thus
creating a state entitlement (property right) for all children to be educated up to a specified age at
public expense. Substantial litigation has resulted from the collision of state interests in
providing for the welfare of all citizens and individual interests in exercising constitutional and
statutory rights. This chapter focuses on legal mandates pertaining to various requirements and
rights associated with the public school instructional program.

33
EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

FERPA:

34
EDU 592 Legal Aspects of Education
Summary

Issues pertaining to the public school instructional program will continue to generate legal
activity—both legislative mandates and judicial challenges to such requirements. Student testing
practices are likely to remain controversial, especially the instruments designed to assess mastery
of the common core standards. The state and its agents enjoy considerable latitude in regulating
various aspects of the public school instructional program, but requirements cannot impair
students’ constitutional rights. School authorities must be able to substantiate that there is an
overriding public interest to be served if school policies or practices abridge students’ or parents’
protected rights. Educators always should ensure that their instructional activities match course
objectives and that they respect federal copyright requirements and students’ privacy rights.

The state and its agencies have the authority to determine public school course offerings
and instructional materials, and such curricular determinations will be upheld by courts unless
clearly arbitrary or in violation of constitutional or statutory rights. School boards can eliminate
instructional materials considered educationally unsuitable if objective procedures are followed in
making such determinations.

Public schools are required by federal law to implement measures to shield students from
access to harmful Internet content on school computers. Educators are expected to comply with
federal requirements in seeking permission to use most copyrighted works in their classrooms;
individuals will never be faulted for seeking permission that is not needed. Copyrighted material
may be used for instructional purposes without the publisher’s permission if “fair use” guidelines
are followed. For copyright purposes, classroom materials developed by teachers are owned by the
schools where the teachers are employed; such materials are considered “work for hire” unless
specified otherwise in the employment contract. Licensing agreements for electronic textbooks and
other digital materials must be strictly followed to avoid copyright infringements.

In the absence of evidence of arbitrary or discriminatory academic decisions, courts defer

to school authorities in assessing student performance. Proficiency examinations can be used to
determine pupil remedial needs and as a prerequisite to high school graduation if students are
given sufficient notice prior to implementation of the test requirements and are provided adequate
preparation for the examinations. Parents and 18-year-old students must be granted access to
the student’s school records and an opportunity to contest the contents. Individuals do not have a
private right to bring suits for damages under FERPA; the remedy for violations is the withdrawal of
federal aid from the noncomplying agency.

School personnel must ensure the accuracy of information contained in student records
and must maintain the confidentiality of such records. Under FERPA, education records are files,
documents, and other materials that contain information identifying a student and are maintained
by the education agency; educators’ personal notes about students (shared only with substitute
teachers) are not considered education records. FERPA allows certain directory information, such
as students’ names, addresses, photos, and degrees, to be released without parental consent so
long as parents have the opportunity to request that specific information be withheld.

Parents have the right to inspect materials used in federally funded experimental projects
or surveys; students have a right to be excused from participation in such programs or activities
involving psychiatric or psychological testing or treatment designed to reveal information in
specified sensitive areas pertaining to personal beliefs, behaviors, and family relationships.

35
EDU 592 Legal Aspects of Education
Self Test

1. Courts will not interfere with ________ decisions unless the established procedures are not
followed or overtly biased materials are adopted.

2. To date, courts have not allowed mere ________ disapproval of instructional materials to
determine the public school curriculum.

3. Under 1980 amendments to the copyright law, ________ was included as protected
intellectual property.

4. Because violation of the law can result in school district and educator liability, school boards
should adopt the guidelines to prohibit ________ and to educate school personnel and students
regarding unlawful practices.

5. ________ consent must be obtained before placing subjects at risk of being exposed to
physical, psychological, or social injury as a result of participating in research, development, or
related activities.

36
EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine the role of courts as well as school authorities as it relates to instructional decisions and
curriculum. (chapter 4, learning objective 1)

2. Analyze student proficiency testing and its implications. (chapter 4, learning objective 4)

37
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

FERPA: the Family Educational Rights and Privacy Act stipulates that federal funds may be
withdrawn from any education agency or institution that (1) fails to provide parents access to their
child’s education records or (2) disseminates such information (with some exceptions) to third
parties without parental permission.

38
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. textbook

2. parental

3. software

4. infringement

5. Informed

39
EDU 592 Legal Aspects of Education
Solutions Guide

It’s time to take your Unit

One Examination!
Please read the next page before you begin.

We’re rooting for you!

42
EDU 592 Legal Aspects of Education
Unit 1 Examination
Instructions

The Unit Examination

At the conclusion of each unit, you will have a unit examination. The
unit examination contains 25 multiple-choice questions.

If you are completing your work online, you will find the unit
exam questions by logging into the Student Portal, clicking on My
Academic Plan, and then selecting the course you are working on.

For students who receive coursework by mail, the exam questions and
answer sheets are included separately from this study guide as a part
of your coursework packet.

Each of the multiple-choice questions are based on the unit you are
completing.

For the unit examination, your grade on the examination will be

determined by the percentage of correct answers. The university
utilizes the following grading system:

A = 90% – 100% correct 4 grade points

B = 80% – 89% correct 3 grade points
C = 70% – 79% correct 2 grade points
D = 60% – 69% correct 1 grade point
F = 59% and below correct 0 grade points

Completing The Unit One Multiple-Choice Examination

Before beginning your examination, we recommend that you
thoroughly review the textbook chapters and other materials covered
in each unit, and follow the suggestions in the Mastering the Course
Content section of the syllabus.

We encourage you to take your time, go through the examination,

and identify questions you know the answers to. A good strategy is
to answer all of the questions you are familiar and comfortable with
first, and then go back to work on items that you find more difficult.

If you wish to challenge a particular item, please review the

Challenging a Test Item section of the syllabus.

Writing Assignments
Each course requires students to submit a total of FOUR Writing
Assignments. Please refer to the Writing Lab pages located after the
Unit 4 Examination Instructions page for more details.

Good luck with your multiple-choice examination!

43
EDU 592 Legal Aspects of Education
You Can Do It

You have just completed Unit 1 of this course.

You are off to a great start!

Keep up the good work!

44
EDU 592 Legal Aspects of Education
Objectives

Chapter Five
Student Expression, Association, and Appearance

Learning Objectives

Upon successful completion of this chapter, you should be able to:

1. Examine the four Supreme Court student expression cases

and the legal principles they established.

2. Evaluate what constitutes a true threat.

3. Analyze the circumstances under which student Internet

expression can be curtailed.

4. Distinguish the conditions under which student clubs can

meet in public schools.

5. Justify the types of student attire that can be barred in

public schools.

Instructions to Students
• Read pages 108-133 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

45
EDU 592 Legal Aspects of Education
Overview

Can students wear Confederate flag insignia to school? Can school officials discipline
students for posting something offensive about their teachers on Instagram? Can a male student
wear a dress to the prom? Students continue to test the limits of their personal freedoms in public
schools, frequently colliding with educators’ efforts to maintain an appropriate school environment.
This chapter addresses students’ substantive rights regarding First Amendment freedoms of
expression and press and closely related association rights.

46
EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

The First Amendment:

47
EDU 592 Legal Aspects of Education
Summary

Student expression and association rights have generated a significant amount of school
litigation. In the late 1960s and early 1970s, the federal judiciary expanded First Amendment
protections afforded to students following the Supreme Court’s landmark Tinker decision. Yet, the
reach of the Tinker standard was narrowed somewhat after the Supreme Court ruled in Bethel and
Hazelwood that lewd or vulgar speech and attire are not protected by the First Amendment and
that school authorities can censor student expression that appears to represent the school. The
Supreme Court in Morse again restricted use of the disruption standard if expression can be viewed
as promoting or celebrating illegal activity. Tinker has not been overturned, but it governs more
limited circumstances than was true in the 1970s.

Students do not need to rely solely on constitutional protections because federal and state
laws, most notably the Equal Access Act, also protect students’ expression and association rights.
And Tinker has been revitalized as the primary standard used in First Amendment challenges to
anti-harassment and anti-bullying policies and electronic expression.

Students do not have a First Amendment right to engage in expression that is defamatory,
obscene, lewd, or inflammatory or that promotes illegal activity in public schools. Private student-
initiated expression of ideological views that merely occurs at school cannot be curtailed unless it
threatens a disruption or collides with the rights of others.

Student expression that represents the school can be censored if the decisions are based
on pedagogical concerns. Students can be disciplined for making threats toward classmates or
school personnel. School authorities cannot bar controversial or critical content from student
literature that is not school sponsored, but the time, place, and manner of distribution at school
can be reasonably regulated. School districts’ anti-harassment and anti-bullying provisions will
likely be upheld unless they are vague or overly broad in restricting protected expression.

Student electronic expression can be the basis for disciplinary action if it disrupts the
work of the school; whether such expression can be censored because it is vulgar or interferes with
the rights of others has not been clarified. Under the EAA, if a federally assisted secondary school
establishes a limited open forum for student-initiated clubs to meet during noninstructional time,
the access policy must be content neutral; however, public schools are not required to create such
a forum for n oncurriculum student groups to meet.

Beyond the EAA, student and community groups have First Amendment protections
against viewpoint discrimination in public school access. School authorities can restrict student
hairstyles and attire that are vulgar, jeopardize health and safety, or threaten to disrupt the
educational process; any restrictions must be justified for educational reasons. Restrictive student
dress codes and uniforms can be imposed in public schools if not designed to suppress
expression or discriminate against particular groups of students and if justified by legitimate
educational objectives, such as reducing violence and improving achievement. Uniform policies
must allow exemptions and cannot entail forced speech.

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EDU 592 Legal Aspects of Education
Self Test

1. The ________ has recognized that defamatory, obscene, and inflammatory communications are
outside the protective arm of the First Amendment.

2. ________ can be considered inflammatory, and thus protected, even if not found to be true
threats or fighting words.

3. A large body of cases interpreting anti-harassment provisions has focused on students

displaying ________, and most courts have upheld restrictions on such displays.

4. Time, place and ________ regulations must be reasonable, content neutral, and uniformly
applied on expressive activities.

5. Restrictions can be placed on student ________ and attire if based on legitimate educational
and safety objectives and not intended to suppress expression.

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EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine whether or not students have the right to express nondisruptive ideological views at school.
(chapter 5, learning objective 1)

2. Restrictions can be placed on student grooming and attire if based on legitimate educational and
safety objectives and not intended to suppress expression. Do you agree with this statement?
(chapter 5, learning objective 5)

50
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

The First Amendment: as applied to the states through the Fourteenth Amendment, restricts
governmental interference with citizens’ free expression rights, which are perhaps the most
preciously guarded individual liberties.

51
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. judiciary

2. Utterances

3. confederate flags

4. manner

5. grooming

52
EDU 592 Legal Aspects of Education
Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Determine what legal grounds can be used to challenge

student classifications based on race, ethnicity, national
origin, sex, sexual orientation, gender identity, age, and
ability.

2. Examine current developments in the law that address race-

conscious student assignment plans, transgender students,
and native language.

3. Analyze the legal entitlements of high-ability students.

Instructions to Students
• Read pages 134-163 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

55
EDU 592 Legal Aspects of Education
Overview

Is it legally permissible to have female-only math classes, schools for only Black males,
or schools that only serve students with autism? Must all students be treated equally in public
schools? It might appear from a literal translation of the word equality that once a state establishes
an educational system, all students must be treated in the same manner. Courts, however, have
recognized that individuals are different and that equal treatment of diverse individuals can have
negative consequences. Accordingly, valid classification practices, designed to enhance the
educational experiences of children by recognizing their unique needs, generally have been
accepted as a legitimate prerogative of educators (e.g., Advanced Placement courses). While
educators’ authority to classify students has not been seriously contested, the bases for certain
classifications and the procedures used to make distinctions among students have been the focus
of substantial litigation.

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EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

The Equal Protection Clause:

Sex:

Gender:

57
EDU 592 Legal Aspects of Education
Summary

A basic purpose of public education is to prepare students for citizenship and work,
regardless of their innate characteristics. Accordingly, courts and legislatures have become
increasingly assertive in guaranteeing that students have the chance to realize their capabilities
while in school. Arbitrary classification practices that disadvantage certain groups are not tolerated.
Conversely, valid classifications, applied in the best interests of students, are generally supported.
Indeed, some legal mandates require the classification of certain students to ensure that they
receive instruction appropriate to their needs.

School segregation resulting from state laws or other intentional state action (e.g., gerry-
mandering school attendance zones) violates the Equal Protection Clause of the Fourteenth
Amendment. Where a school district has not achieved unitary status, school officials have an
affirmative duty to eliminate the vestiges of past intentional discrimination; under such a duty,
official action (or inaction) is assessed in terms of its effect on reducing segregation.

Segregatory effect alone does not establish unconstitutional intent; however, the
consequences of official actions can be considered in substantiating discriminatory motive.
Interdistrict desegregation remedies cannot be judicially imposed unless there is evidence of
intentional discrimination with substantial effect across district lines.

Judicial supervision can be terminated, in whole or in part, where school districts have
complied with desegregation mandates in good faith and have eliminated the vestiges of past
discrimination as far as practicable. In determining whether a school district has eliminated the
vestiges of school segregation, courts assess racial equality in student, faculty, and staff
assignments; transportation; extracurricular activities; and facilities.

Once a school district has eliminated the vestiges of its prior discriminatory conduct to the
court’s satisfaction, future acts must represent purposeful discrimination to violate the Fourteenth
Amendment; school districts are not obligated to continue remedies after unitary status is attained
and resegregation occurs through no fault of school officials.

The use of race in determining school or program assignment to achieve diversity in

student bodies will not be permitted unless shown to be narrowly tailored. Students who are
English Learners are entitled to compensatory instruction designed to overcome English language
barriers.

Although school districts may operate sex-segregated schools and classes, they must
provide a substantially similar coeducational experiences. If a school district establishes an
interscholastic athletic program, opportunities must be made available to male and female athletes
on an equal basis (i.e., mixed-sex teams or comparable sex-segregated teams).

Sexual harassment of students, by either employees or other students, can result in

liability against the school district when an official with the authority to correct the situation has
received actual notice of the harassment and has failed to correct it or has shown deliberate
indifference toward the action.

The law remains unsettled with regard to whether transgender students are protected from
discriminatory practices under Title IX. Over the years, the federal government has provided only
limited aid for gifted education, and there is no federal statute specifying substantive rights for the
gifted as there is for students with disabilities.

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EDU 592 Legal Aspects of Education
Self Test

1. The _______ states that no state shall deny to any person within its jurisdiction equal
protection of the laws.

2. Claims of racial discrimination have been at issue in cases involving school _______.

3. In 2006, the Department of Education issued regulations permitting school districts to offer
voluntary public _______ classrooms and schools.

4. Educators must be in control of the school environment, including student conduct, and
eliminate known dangers and _______.

5. Most of the legal controversies involving _____ students in public schools include Title IX and/
or equal protection claims.

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EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Analyze how the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution is
often at issue when school districts attempt to classify students based on race, national origin,
native language, ability and achievement, age, sex, sexual orientation, and gender identity.
(chapter 6, learning objective 1)

2. Examine whether or not courts have generally upheld use of ability in decisions related to grade
placement, denial of promotion, and assignment to instructional groups. (chapter 6, learning
objective 3)

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EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

The Equal Protection Clause: states, in part, that no state shall deny to any person within its
jurisdiction equal protection of the laws.

Sex: generally refers to having male or female reproductive systems.

Gender: generally refers to social identity related to one’s sex.

61
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. Equal Protection Clause

2. mascots

3. single-sex

4. harassment

5. transgender

62
EDU 592 Legal Aspects of Education
Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Examine how students with disabilities are eligible for

services under IDEA versus Section 504/ADA.

2. Analyze the U.S. Supreme Court’s standard to determine

whether a district has provided a student educational
benefits as required by IDEA.

3. Define commonly used special education acronyms (e.g.,

FAPE, IEP, LRE).

4. Assess the Manifestation Determination Review procedures

including the ten-day rule.

5. Compare IDEA’s requirements for school districts with those

mandated by Section 504/ADA.

Instructions to Students
• Read pages 164-196 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

65
EDU 592 Legal Aspects of Education
Overview

When must students with disabilities be taught in general education classrooms? Does a
student with a severe peanut allergy fit within the legal definition of an individual with a
disability? What should schools do before disciplining students with disabilities? Questions like
these lead to contentious litigation between parents and school districts. In fact, special education
is the most litigated area in school law. Although students with disabilities are afforded numerous
legal entitlements and protections today, this was not always the case. For many years, individuals
with disabilities were segregated in highly restrictive settings and institutionalized where they were
often treated inhumanely. This chapter addresses three federal disability laws: the Individuals with
Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504),
and the Americans with Disabilities Act (ADA). The majority of this chapter provides an overview
of IDEA because of its focus on education, but the chapter concludes with a discussion of Section
504 and the ADA, which prohibit disability-based discrimination. Additional mandates required by
state legislation are not detailed.

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EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Individuals with Disabilities Education Act (IDEA):

The Due Process Hearing:

67
EDU 592 Legal Aspects of Education
Summary

The rights of students with disabilities have expanded significantly since 1975 and include
rights to accessible facilities, appropriate programs, and least restrictive placements. School
districts are responsible for identifying, evaluating, and coordinating the IEPs of all eligible
students with disabilities. Also, district leaders must ensure that disability-based discrimination
does not occur in their schools.

The three primary federal laws impacting students with disabilities are IDEA, Section 504,
and the ADA. IDEA is a funding law focused on education; whereas, Section 504 and the ADA
are civil rights laws prohibiting disability-based discrimination. Under their child find obligation,
school districts must identify all eligible children with disabilities. Students with disabilities are
entitled to receive a FAPE in the LRE. To qualify, students are evaluated with valid assessments to
determine whether they (1) meet one of IDEA’s disability categories and (2) are in need of special
education and related services. An IEP is a written document developed by parents and school
officials and outlines a student’s goals, related services, and placement. The U.S. Supreme Court
determined in Endrew v. Douglas that a school must offer an IEP reasonably calculated to enable
a student to make progress appropriate in light of the student’s circumstances; the best program is
not necessary.

Students with disabilities are placed in private settings by both public districts and
parents; however, when parents unilaterally place their children in private schools, they cannot
receive tuition reimbursement for the private placement unless (1) the public school did not offer
a FAPE and (2) the private placement was appropriate. Related services necessary to support the
specially designed instruction for students with disabilities are required regardless of cost; school
districts are not obligated to provide medical services, but they must provide other services if they
are necessary for the child to attend school and benefit from instruction. Students with disabilities
and their parents are entitled to procedural safeguards, including the option to file a due process
complaint to resolve disputes. Students are entitled to “stay-put” in their current educational
placement during administrative (due process) or judicial proceedings.

The ten-day rule states that if students with disabilities are removed from their educational
placement for more than ten days, then an MDR must occur to evaluate (1) whether the student’s
IEP was properly implemented and (2) whether the student’s misconduct was caused by or
substantially related to his or her disability. Students with disabilities may only be expelled if the
MDR determines that the misconduct was not related to the student’s disability and that the IEP
was properly implemented; h owever, emergency exceptions may exist that require removing
students for up to forty-five days to an IAES, such as if the student possessed drugs or weapons or
inflicted serious bodily injury at school.

Any time students with disabilities are removed from school for more than ten days, they
must be provided services consistent with their IEP; the IEP team must then consider whether an
FBA should be conducted and a BIP should be implemented. Section 504 and the ADA define
a person with a disability as one who (1) has a physical or mental impairment that substantially
limits one or more major life activities, (2) has a record of impairment, or (3) is regarded as having
an impairment; students who meet the first prong are entitled to reasonable accommodations.
Students with disabilities who qualify under Section 504 may include students with severe
allergies and other medical issues, and they are often provided a written Section 504 plan. If FAPE
is not at issue, a plaintiff does not need to exhaust IDEA’s administrative remedies prior to filing a
lawsuit under Section 504 or the ADA.

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EDU 592 Legal Aspects of Education
Self Test

1. The school district is responsible for organizing the _________ meeting.

2. Students with disabilities are often educated in _________ settings.

3. Federal regulations require schools to provide _________ for qualified students to and from
school, within school buildings, and on school grounds, even if specialized equipment is
needed in making programs and activities accessible.

4. Courts have differentiated between medical and _________ services.

5. Where disagreement persists, IDEA has provided a variety of dispute resolution processes by
which parents or school districts may seek _________, administrative review.

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EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine the responsibilities education serves students with disabilities. (chapter 7, learning
objective 1)

2. Analyze how one might qualify for services under IDEA. (chapter 7, learning objective 3)

70
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

Individuals with Disabilities Education Act (IDEA): an education act providing federal financial
assistance to state and local educational agencies for special education and related services to
students with a disability.

The Due Process Hearing: conducted similar to a trial by a qualified independent hearing officer.
The hearing officer will weigh the evidence and render a decision in writing to both parties.

71
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. IEP team

2. private

3. transportation

4. health

5. third-party

72
EDU 592 Legal Aspects of Education
Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Assess what schools should and should not do when

developing student codes of conduct.

2. Distinguish the due process procedures for students who are

suspended versus expelled.

3. Examine what constitutes reasonable suspicion to search

students.

4. Analyze what legal remedies students have if they are

wrongfully disciplined.

Instructions to Students
• Read pages 197-231 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

75
EDU 592 Legal Aspects of Education
Overview

Is it legal for school employees to strip search students? May teachers reduce grades for
student misbehavior? How does due process differ for students who are expelled versus
suspended? Student misconduct continues to be one of the most persistent and troublesome
problems confronting educators. Public concern has focused on school disciplinary problems,
particularly for student behavior involving substance use and violence. In response, schools have
directed more efforts toward violence-prevention strategies, including not only stringent security
measures, but also modifying the curricula to strengthen students’ social skills and training
teachers and administrators to monitor the school climate. This chapter focuses on the
development of conduct regulations; the imposition of sanctions for noncompliance, such as
suspensions, expulsions, and corporal punishment; as well as other school discipline procedures
including search and seizure.

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EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Zero Tolerance Policies:

Fourth Amendment:

77
EDU 592 Legal Aspects of Education
Summary

In 1969, Justice Black noted: “School discipline, like parental discipline, is an integral
and important part of training our children to be good citizens—to be better citizens.” Accordingly,
school personnel have been empowered with the authority and duty to regulate pupil behavior in
order to protect the interests of the student body and the school. Reasonable sanctions can be
imposed if students do not adhere to legitimate conduct regulations. Courts, however, will
intervene if disciplinary procedures are arbitrary or impair students’ protected rights. Because
school personnel cannot be faulted for providing too much due process, but can be assessed
damages for procedural and substantive due process violations, educators should take every
precaution to afford fair and impartial treatment to students.

When creating and implementing student codes of conduct, school authorities should
ensure rules and consequences are written clearly and enforced in a nondiscriminatory fashion.
Every punishment should be paired with procedural due process (notice of violation and
punishment, an opportunity to refute charges before an impartial decision maker, and explanation
of decision based on evidence). The extent of due process provided should increase as the
punishments become more severe. If a student is expelled, then the school must provide a
number of procedural protections (e.g., a full and fair hearing before an impartial adjudicator, with
the opportunity to confront and cross-examine witnesses).

Corporal punishment has not been found to be unconstitutional, but it may be prohibited
by state law or local district policy. A student’s substantive due process rights are violated if the
administration of discipline rises to the level of shocking the conscience.

Academic sanctions for nonacademic reasons should be reasonable, related to

performance, absences, or other academic concerns, and serve a legitimate school purpose.
Students possess Fourth Amendment rights against unreasonable searches; however, school
employees need only reasonable suspicion that a student is violating a school rule or the law to
search a student. The level of suspicion required increases with the intrusiveness of the search:
searches that are highly intrusive must be supported by a greater degree of suspicion. A search
of a student must be reasonable at its inception and reasonable in scope. Student athletes and
those involved in extra-curricular activities can be drug tested without reasonable suspicion. School
personnel should refrain from conducting strip searches or blanket searches of groups of students.
Questions have been raised about the involvement of law enforcement officers, including SROs, in
school settings if they use excessive force and problematic interrogation procedures.

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EDU 592 Legal Aspects of Education
Self Test

1. Most schools provide students with a student ______ that outlines the expectations for student
behavior and the consequences for violating school rules.

2. State laws and school board regulations are usually quite specific regarding the grounds for
______, the removal of students from school for a lengthy period of time.

3. ______ are frequently used to punish students for violating school rules and standards of
behavior when the infractions are not of sufficient magnitude to warrant expulsion.

4. Schools have the right to use ______ for poor academic performance.

5. Most courts have noted that searches of students’ ______ such as cell phones, wallets, purses,
and backpacks violate students’ subjective expectations of privacy and, as such, require
individualized suspicion that a violation of a law or school rule has occurred.

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EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine the role of school boards and school authorities in establishing disciplinary regulations.
(chapter 8, learning objective 1)

2. Analyze expulsions and suspensions and the implications behind school using these. (chapter 8,
learning objective 2)

80
EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

Zero Tolerance Policies: prescribe penalties that are uniformly applied when specific infractions
occur (e.g., students bringing weapons or drugs to school).

Fourth Amendment: the right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall
issue, but upon probable cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.

81
EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. handbook

2. expulsions

3. suspensions

4. academic sanctions

5. personal possessions

82
EDU 592 Legal Aspects of Education
Solutions Guide

It’s time to take your Unit

Two Examination!
Please read the next page before you begin.

Good luck!

85
EDU 592 Legal Aspects of Education
Unit 2 Examination
Instructions

The Unit Examination

At the conclusion of each unit, you will have a unit examination. The
unit examination contains 25 multiple-choice questions.

If you are completing your work online, you will find the unit
exam questions by logging into the Student Portal, clicking on My
Academic Plan, and then selecting the course you are working on.

For students who receive coursework by mail, the exam questions and
answer sheets are included separately from this study guide as a part
of your coursework packet.

Each of the multiple-choice questions are based on the unit you are
completing.

For the unit examination, your grade on the examination will be

determined by the percentage of correct answers. The university
utilizes the following grading system:

A = 90% – 100% correct 4 grade points

B = 80% – 89% correct 3 grade points
C = 70% – 79% correct 2 grade points
D = 60% – 69% correct 1 grade point
F = 59% and below correct 0 grade points

Completing The Unit Two Multiple-Choice Examination

We encourage you to take your time, go through the examination,

If you wish to challenge a particular item, please review the

Challenging a Test Item section of the syllabus.

Good luck with your multiple-choice examination!

86
EDU 592 Legal Aspects of Education
You Can Do It

With Unit 2 complete, you are half way through the course.

Take a break and reward yourself

for a job well done!

87
EDU 592 Legal Aspects of Education
Objectives

Chapter Nine
Conditions of Employment and Collective Bargaining

Learning Objectives

Upon successful completion of this chapter, you should be able to:

1. Examine the requirements to obtain and retain a teaching or

administrative license.

2. Recognize the authority of local school boards to hire, fire,

assign, and transfer school employees.

3. Analyze issues that have led to litigation surrounding

personnel evaluations.

4. Assess how to maintain personnel records in accordance

with federal and state mandates.

5. Outline the process for reporting child abuse and neglect.

6. Distinguish between the collective bargaining processes for

a teachers’ union and the grievance procedures for
individual school employees.

Instructions to Students
• Read pages 232-263 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

88
EDU 592 Legal Aspects of Education
Overview

Can teachers’ salaries be based on evaluation ratings? Before reporting child abuse and
neglect, must school personnel have evidence? Are teachers allowed to strike? This chapter
presents an overview of specific state requirements pertaining to licensure, contracts, tenure,
collective bargaining, and other related aspects of employment. Employment issues concerning
constitutional rights or antidiscrimination mandates are addressed in subsequent chapters.

89
EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Consideration:

90
EDU 592 Legal Aspects of Education
Summary

Individual state laws, school board regulations, and collective bargaining agreements must
be consulted to determine the specific terms and conditions of teachers’ employment. Except for
certain limitations imposed by constitutional provisions and federal civil rights laws, state statutes
govern public educators’ employment. The state prescribes general requirements for licensure,
contracts, evaluations, personnel records, reporting child abuse and neglect, and collective
bargaining. The terms and conditions of school employment are primarily regulated by state law,
but state and federal constitutional provisions, civil rights laws, local school board directives, and
collective bargaining agreements also govern school personnel. States grant teacher and
administrative licenses and can revoke them for causes such as immorality and unprofessional
conduct.

School boards have the authority to hire and dismiss school employees; boards can also
assign additional conditions of employment such as residency requirements. The board assigns
teachers to their positions in the district and can impose additional noninstructional duties.
Contracts are either term, tenure, or supplemental. Contracts must include the following elements:
(1) offer and acceptance, (2) competent parties, (3) consideration, (4) legal subject matter, and
(5) proper form.

State and federal laws have increased regulations surrounding teacher and administrator
evaluations which has led to litigation. Personnel information that must be maintained by law is a
public record (e.g., personal directory information, salary information, employment contracts, leave
records, and teaching license) and must be released to the public when requested. Teachers are
legally required to report suspected abuse and neglect in a timely manner.

The U.S. Constitution protects association rights; however, the right to collectively bargain
is governed by state laws and constitutions. The scope of teachers’ collective bargaining rights has
been restricted in some states in recent years. Although the Supreme Court has upheld fair share
arrangements, they may not be permitted under some state laws.

An individual union member who is dissatisfied may undergo grievance arbitration;

whereas the entire union membership may undergo mediation, fact-finding, and arbitration if there
is an impasse during collective bargaining. Strikes for public school employees are prohibited in
most states.

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Self Test

1. A _________ indicates only that a teacher has satisfied minimum state requirements; no
absolute right exists to acquire a position.

2. Teacher reassignments and transfers often are challenged as _________.

3. Contracts can be invalidated because of lack of _________.

4. _________ are valid for a fixed period of time.

5. School boards cannot negotiate _________ policies that impair rights guaranteed by the U.S.
Constitution and various federal and state laws.

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Critical Analysis

Critical Analysis / Case Study Problems

1. Analyze how the state regulates employment in public schools. (chapter 9, learning objective 2)

2. Examine whether or not educators have a legal obligation to report suspected child abuse and
neglect. (chapter 9, learning objective 5)

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Answer Keys

Key Term Definitions

Consideration: something of value given or promised for the purpose of forming a contract.

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Answer Keys

Answers to Self Test

1. license

2. demotions

3. competent parties

4. term contracts

5. leave

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Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Examine the primary U.S. Supreme Court decisions relating

to public employee expression.

2. Distinguish between teachers’ rights in dictating course

content versus instructional strategies.

3. Justify when schools may violate employees’ freedom of

association rights.

4. Identify reasonable restrictions that schools may place on

employee appearance.

5. Delineate the legal standard surrounding searching and drug

testing employees, as well as the legal standard needed to
discipline an employee for out-of-school conduct.

Instructions to Students
• Read pages 264-295 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

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Overview

Can school employees be disciplined for what they post on social media? What should
teachers do when students ask them about their political affiliation? May schools dismiss teachers
for their behavior outside of school? While the U.S. Supreme Court stated that both students and
teachers do not leave their constitutional rights at the schoolhouse gate, limitations may be placed
on these rights because of the special context of the school environment. For public school
employees, it becomes difficult to navigate through what is protected and what can be restricted.
This chapter presents an overview of the scope of public employees’ constitutional rights as
defined by the judiciary in connection with free expression, academic freedom, freedom of
association, freedom of choice in appearance, and privacy rights. Some of the cases do not involve
school settings, but the legal principles apply to all public employees.

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Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Whistleblowers:

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Summary

The U.S. Constitution places constraints on government, not private, action. Thus, public
employees, but not usually those working in the private sector, can challenge employment
decisions as violating their constitutional rights. If public employees can show that they have
suffered adverse employment consequences because of the exercise of protected expression,
association, or privacy rights, then the burden shifts to the employer to justify the restriction on
protected rights as necessary to carry out the work of the government agency. In the school context,
this means that the employee’s action has impaired teaching effectiveness, relations with
superiors, or school operations. The public employer also can prevail by showing that there are
legitimate reasons for the personnel action aside from the exercise of protected expression or other
constitutional rights. In short, under certain circumstances, restrictions on constitutional freedoms
can be justified by overriding government interests.

Public employees’ expression pursuant to official job responsibilities is not protected by

the First Amendment. A school can discipline a teacher for expression perceived as school-
sponsored, including classroom expression, if it raises legitimate pedagogical concerns or is
pursuant to official job duties.

If public educators make personal grievances about work, their speech is not
constitutionally protected. Known as the Pickering balancing test, a school can discipline an
educator for speech that is a matter of public concern if it (1) impairs teaching effectiveness;
(2) interferes with relationships with superiors/coworkers; or (3) jeopardizes the management of the
school.

A public employee’s protected speech will not invalidate a dismissal action if the school
board can show by a preponderance of evidence that it would have dismissed the employee had the
protected speech not occurred. Reasonable time, place, and manner restrictions can be imposed
on educators’ expression, but arbitrary prior restraints on the content and channel of
communication violate the First Amendment.

Teachers lack legal authority to dictate the curriculum, but they do retain some discretion
when choosing relevant instructional strategies. School employees’ participation in political
activities outside of the classroom cannot be the basis for adverse employment decisions, unless
the employee has policy-making responsibilities and such participation would jeopardize
relationships at work.

School officials can impose reasonable restrictions on employees’ personal appearance

as long as it does not offend or interfere with the practice of employees’ sincerely held religious
beliefs. Educators’ desks, files, and computers at school can be searched based on reasonable
suspicion that the search is necessary for educational reasons.

If reasonable suspicion of drug use exists, any public educator could be subjected to a
drug test; however, reasonable suspicion is not needed to drug test employees in safety-sensitive
roles. Teachers have privacy rights, but they can be disciplined if their out-of-school conduct has a
negative effect on job performance.

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Self Test

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Self Test

1. Once determined that ________ is protected, the employee then has the burden of
demonstrating that it was a key factor in the dismissal or disciplinary decision.

2. The concept of ________ historically was applied to postsecondary education and embodied
the principle that faculty members should be free from government controls in conducting
research and imparting knowledge to students.

3. Public school teachers do not have the right to determine the ________ of the instructional
program.

4. Political activity that would cause ________ within the school district can be restricted.

5. Public educators, like all citizens, are shielded by the ________ against unreasonable
governmental invasions of their person and property.

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Critical Analysis

Critical Analysis / Case Study Problems

1. Analyze whether or not employee freedom of expression is protected for public employees.
(chapter 10, learning objective 1)

2. Examine the concept of academic freedom for school employees. (chapter 10, learning objective 2)

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Answer Keys

Key Term Definitions

Whistleblowers: employees who expose employment-related misconduct.

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Answer Keys

Answers to Self Test

1. expression

2. academic freedom

3. content

4. divisiveness

5. fourth amendment

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Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Analyze the differences among the federal laws and

constitutional provisions that are most relied upon in
employment discrimination cases.

2. Apply relevant court decisions related to discriminatory

practices against teachers and school leaders to scenarios
that may arise in schools.

3. Examine current developments in the law that focus on

discriminatory practices involving race, sex, sexual
orientation, religion, age, and disability.

Instructions to Students
• Read pages 296-325 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

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Overview

Can a teacher be dismissed because she is a lesbian or has epilepsy? Can a teacher wear
his yarmulke in class or be replaced by a younger, less expensive teacher? All persons and groups
are potential victims of discrimination in employment. People of color and women may claim
discrimination in traditionally segregated job categories, whereas some White and male employees
assert that affirmative action has denied them the right to compete on equal grounds. The young
could argue that the old already hold the good jobs and that entry is nearly impossible, and older
employees may contend that they often are let go when “downsizing” occurs. Religious minorities
might not be allowed to dress the way they please or may be denied leave for religious observances,
and some religious majorities (particularly in private schools) have concerns about governmental
intrusion into their homogeneous work environments. Persons with disabilities often complain that
they are not given the opportunity to show what they can do, whereas employers may argue that the
costs of accommodating those with disabilities can be significant and never-ending. Given these
diverse factors, it is not surprising that literally thousands of employment discrimination suits are
filed each year. This chapter explores school employees’ allegations of discrimination based on
race, national origin, sex, religion, age, and disability.

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Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

The Fourteenth Amendment:

Title VII:

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Summary

Federal law requires that employment decisions be based on qualifications, performance,

merit, seniority, and the like, rather than factors such as race, national origin, sex, religion, age, or
disability. Statutes vary considerably, however, about what they require. Moreover, federal
regulations are extensive, complex, and at times confounding. As a result, courts differ in applying
the law.

When preparing a policy related to personnel, it will be important to consider (1) whether
it facially discriminates only in legal and appropriate ways and (2) whether it adversely affects a
protected class, even though the policy may be facially neutral. Treating all persons the same may
not accommodate individual needs and may inadvertently result in subtle forms of discrimination.
In the alternative, treating persons differently may advantage some over others. Given the different
types of discrimination that can be present in the workplace and the complexities of the law, there
is no simple solution.

The U.S. Constitution and various civil rights laws protect employees from discrimination
in employment based on race, national origin, sex, sexual orientation, religion, age, and disability.
For Fourteenth Amendment facial discrimination cases, race, and national origin discrimination
claims, courts apply strict scrutiny; sex and illegitimacy discrimination receive intermediate
scrutiny; and all other employment classifications need to be justified by any rational basis.

For Fourteenth Amendment facially neutral cases, regardless of the type of classification
involved, the employee is required to show that the employer intended to discriminate. Race may
never qualify as a bona fide occupational qualification, although sex, religion, national origin, and
age may be used under narrowly tailored conditions. A reliable and valid standardized test can be
used to screen job applicants, even though it has a disproportionate impact on a protected class,
so long as the test is used to advance legitimate job objectives.

In Title VII disparate treatment cases, plaintiffs argue that they are receiving less favorable
treatment than other employees; they must prove that the employer had discriminatory intent.
Public employers may not engage in affirmative action plans involving preferences in hiring and
promotion unless a court has determined that the institution has been involved in specific prior
acts of discrimination and the affirmative action plan is narrowly tailored to attain a workforce
reflecting the qualified relevant labor market.

Under narrowly tailored circumstances, courts may order hiring and promotion preferences
to remedy prior acts of intentional employment discrimination but may not impose layoff quotas.
Employees can gain relief under Title VII for unfair treatment in hiring, promotion, and
compensation, as well as for sexual harassment that results in the loss of tangible benefits or
creates a hostile working environment.

Persons who are victims of sexual orientation discrimination may file suit under the
Fourteenth Amendment or Title VII in some jurisdictions. School boards can establish bona fide
retirement benefits programs, but the ADEA precludes mandatory retirement based on age.

For a violation to be substantiated under the ADEA, age must play a role in the decision-
making process and have a determinative influence on the outcome. Employers must make
reasonable accommodations to enable employees to practice their religious beliefs; however, Title
VII does not require accommodations that result in undue hardship to the employer. An otherwise
qualified individual cannot be excluded from employment solely on the basis of a disability, and
employers are required to provide reasonable accommodations for employees with disabilities.

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EDU 592 Legal Aspects of Education
Self Test

1. Courts have developed two legal theories to evaluate Title VII claims: ________ and disparate
impact.

1. If it is proven that an employee was a victim of a prohibited discrimination, courts have the
authority to require a ________ where the person is placed in the same position he or she
otherwise would have been, absent discriminatory activity.

2. Among the more controversial objective measures used in hiring and promotion is the use of
________.

3. Employers cannot dismiss, decline to renew, or demote employees on the basis of ________ or
national origin.

4. Prior to 1963, there were no federal statutes prohibiting discrimination based on ________.

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Critical Analysis

Critical Analysis / Case Study Problems

1. Examine the implications of employment discrimination. (chapter 11, learning objective 1)

2. Analyze age discrimination within education. (chapter 11, learning objective 2)

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Answer Keys

Key Term Definitions

The Fourteenth Amendment: mandates that no state shall deny any person within its jurisdiction
equal protection of the laws.

Title VII: enforced by the Equal Employment Opportunity Commission (EEOC) and prohibits
discrimination on the basis of race, color, religion, sex, or national origin, and covers hiring,
promotion, and compensation practices as well as fringe benefits and other terms and conditions of
employment.

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EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. disparate treatment

2. make-whole remedy

3. standardized test scores.

4. race

5. sex

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Solutions Guide

1. Examine the implications of employment discrimination. (chapter 11, learning objective 1)

Most, but not all, forms of employment discrimination violate either federal or state law.
Foremost among these legal protections are the Fourteenth Amendment to the U.S. Constitution
and Title VII of the Civil Rights Act of 1964; both are discussed here, given their broad application.
Other more narrowly tailored statutes are reviewed in the respective sections addressing
discrimination based on various characteristics.

The Fourteenth Amendment to the U.S. Constitution mandates that no state shall deny any
person within its jurisdiction equal protection of the laws. As noted in Chapter 6, the Equal
Protection Clause of the Fourteenth Amendment requires the application of strict scrutiny in cases
involving discrimination based on race, national origin, or alienage. Intermediate scrutiny is applied
in cases in which sex discrimination is at issue. The lowest level of scrutiny, rational basis, is applied
in sexual orientation and disability cases.

2. Analyze age discrimination within education. (chapter 11, learning objective 2)

Under the Age Discrimination in Employment Act, persons age forty and over may claim age
discrimination when the criteria used to make the adverse decision are correlated with age (e.g.,
seniority, vesting in retirement). Unlike other characteristics that generate charges of
discrimination, age is unique in that everyone is subject to the aging process and eventually will fall
within the age-protected category. Age discrimination employment claims may be filed under the Age
Discrimination Act (any age), Equal Protection Clause (any age), the Age Discrimination in
Employment Act (ADEA) (over age forty), and state statutes. The EEOA is responsible for the
enforcement of the ADEA.

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EDU 592 Legal Aspects of Education

Notes

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EDU 592 Legal Aspects of Education
Unit Three

It’s time to take your Unit

Three Examination!
Please read the next page before you begin.

You can do it!

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EDU 592 Legal Aspects of Education
Unit 3 Examination
Instructions

The Unit Examination

At the conclusion of each unit, you will have a unit examination. The
unit examination contains 25 multiple-choice questions.

If you are completing your work online, you will find the unit
exam questions by logging into the Student Portal, clicking on My
Academic Plan, and then selecting the course you are working on.

For students who receive coursework by mail, the exam questions and
answer sheets are included separately from this study guide as a part
of your coursework packet.

Each of the multiple-choice questions are based on the unit you are
completing.

For the unit examination, your grade on the examination will be

determined by the percentage of correct answers. The university
utilizes the following grading system:

A = 90% – 100% correct 4 grade points

B = 80% – 89% correct 3 grade points
C = 70% – 79% correct 2 grade points
D = 60% – 69% correct 1 grade point
F = 59% and below correct 0 grade points

Completing The Unit Three Multiple-Choice Examination

We encourage you to take your time, go through the examination,

If you wish to challenge a particular item, please review the

Challenging a Test Item section of the syllabus.

Good luck with your multiple-choice examination!

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You Can Do It

Unit 3 is done!
You’re close to the finish line
and we’re cheering you on to victory!

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EDU 592 Legal Aspects of Education
Objectives

Chapter Twelve
Termination of Employment

Learning Objectives

Upon successful completion of this chapter, you should be able to:

1. Examine key terms including tenure, dismissal, and

nonrenewal as well as property and liberty interests.

2. Distinguish what due process protections are required for

teachers who are not renewed versus dismissed.

3. Analyze the common causes for dismissal found in state

statutes.

4. Assess what remedies are available for employees who

believe they were wrongfully terminated.

Instructions to Students
• Read pages 326-355 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

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EDU 592 Legal Aspects of Education
Overview

If teachers get arrested for driving under the influence of alcohol, are they automatically
fired? What is the difference between nonrenewal and dismissal? What can employees do if they
believe they have been wrongfully discharged? School boards have the authority to terminate
employees, a role they are granted through state law. Generally, these state laws specify the causes
for which a teacher may be terminated and the procedures that must be followed. This chapter
addresses the entitlements, protections, and procedures for probationary (nontenured) and tenured
public school employees.

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EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

The Fourteenth Amendment:

Dismissal:

Nonrenewal:

Insubordination:

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EDU 592 Legal Aspects of Education
Summary

Through state laws and the U.S. Constitution, extensive safeguards protect educators’ job
security. Most states have adopted tenure laws that precisely delineate teachers’ employment rights
in termination and disciplinary proceedings. Furthermore, in the absence of specific state
guarantees, the Fourteenth Amendment ensures that teachers will be afforded procedural due
process when property or liberty interests are implicated. At a minimum, the employee is entitled
to notice of the charges and an opportunity to be heard.

Tenure status, defined by state law, confers upon teachers a property interest in continued
employment; tenured teachers can be dismissed only for cause specified in state law.
Probationary employment generally does not involve a property interest, except within the contract
period. If nonrenewal implicates a constitutional right, imposes a significant stigma, or forecloses
opportunities for future employment, then a probationary employee may establish a liberty interest
in receiving procedural due process.

Once a property or liberty interest has been implicated, employees must be provided
procedural due process (i.e., notification of charges, hearing, representation by counsel,
examination and cross-examination of witnesses, and record of proceedings); however, formal trial
procedures are not required.

School boards are considered impartial hearing tribunals unless bias of its members can
be clearly established. In a dismissal hearing, the board bears the burden of proof to introduce
sufficient evidence to support the employee’s dismissal. Causes for dismissal vary widely among
the states, but usually include such grounds as incompetency, neglect of duty, immorality,
insubordination, unprofessional conduct, and other good and just cause.

Incompetency is generally defined in relation to classroom performance—including, class-

room management, teaching methods, grading, student/teacher relationships, and general attitude.
Immorality includes dishonesty, sexual misconduct, criminal acts, and other improprieties that
have a negative impact on teaching effectiveness.

Dismissal for insubordination is based on an employee’s refusal to follow school policies

and the supervisor’s directives. Reduction-in-force is permissible with declining enrollment and
financial exigencies. Wrongfully terminated employees can seek the following remedies:
reinstatement with back pay, compensatory and punitive damages, and attorneys’ fees. Punitive
damages to punish the wrongdoer are available against individual school officials, but not against
districts.

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EDU 592 Legal Aspects of Education
Self Test

1. Protected property interests are not created by mere ________ in employment.

2. Under ________ laws, the burden of proof is on the school board to show cause for dismissal.

3. The proper procedures for the termination of a school employee depends on the type of
________.

4. ________, one common cause for dismissal, is typically not defied in state laws.

5. Facts that establish ________ conduct in one state may be deemed neglect of duty in another
state.

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EDU 592 Legal Aspects of Education
Critical Analysis

Critical Analysis / Case Study Problems

1. Examine whether or not school employees are entitled to procedural due process. (chapter 12,
learning objective 1)

2. Analyze the implications of employee dismissal. (chapter 12, learning objective 3)

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EDU 592 Legal Aspects of Education
Answer Keys

Key Term Definitions

The Fourteenth Amendment: no state shall deprive any person of life, liberty, or property without
due process of law.

Dismissal: termination of a tenured teacher (anytime) or a nontenured teacher during the term of
the contract.

Nonrenewal: termination of a nontenured teacher at the end of contract period.

Insubordination: willful disregard or refusal of reasonable orders of school officials.

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EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. longevity

2. tenure

3. employee

4. Immorality

5. unprofessional

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Solutions Guide

2. Analyze the implications of employee dismissal. (chapter 12, learning objective 3)

Dismissal refers to the termination for cause of any tenured employee or of a probationary
employee within the contract period. Both tenure statutes and employment contracts establish a
property interest entitling employees to full procedural protection. Beyond the basic constitutional
requirements of appropriate notice and an opportunity to be heard, state laws and school board
policies often contain detailed procedures that must be followed. Failure to provide these additional
procedures, however, results in a violation of state law, rather than constitutional law. Statutory
procedures vary as to specificity, with some states enumerating detailed steps and others identifying
only broad parameters. In addition to complying with state law, a school district must abide by its
own procedures, even if they exceed state law. For example, if school board policy provides for a
preliminary notice of teaching inadequacies and an opportunity to correct remediable deficiencies
prior to dismissal, the board must follow these steps.

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Notes

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EDU 592 Legal Aspects of Education
Objectives

Chapter Thirteen
Alternatives to Increase Educational Choice

Learning Objectives

Upon successful completion of this chapter, you should be able to:

1. Examine the rationale for establishing charter schools and

controversial issues involving these schools.

2. Analyze how states regulate home schooling.

3. Evaluate the role of vouchers, tax-credit scholarships, and

education savings account programs that allow public funds
to flow to private education.

4. Assess federal and state challenges to state efforts to

increase family access to private education.

Instructions to Students
• Read pages 356-374 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

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EDU 592 Legal Aspects of Education
Overview

Are charter schools public schools? Do parents have to satisfy state standards if they want
to educate their children at home? Can parents send their children to private schools at public
expense? These and related questions are being raised due to an increased focus on offering
educational options for families—a movement commonly referred to as school choice. While some
alternatives to traditional public schools, such as charter schools, are being provided under the
public education umbrella, other options use public funds for students to pursue private education.
This chapter addresses charter schools, home schooling, and various strategies to expand private
educational choices for families in our nation.

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EDU 592 Legal Aspects of Education
Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

Charter schools:

Vouchers:

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EDU 592 Legal Aspects of Education
Summary

Alternatives to traditional public schooling are a central component of school reform efforts
nationally. It remains unclear what the implications of these initiatives will be. Charter schools are
expanding rapidly, and regulation of home education continues to be lax in many states. The
private school choice movement is gaining momentum, and the Supreme Court has not been
receptive to challenges to voucher and tax-credit scholarship programs that allow public funds
to flow to private education. The state judicial scoreboard is mixed, with state high courts often
overturning the courts below, making judicial developments difficult to follow. Voucher, tax-credit
scholarship, and/or ESA programs have been introduced in all states, and a majority of the states
have adopted one or more of these initiatives. Many questions remain regarding the academic
progress of students, potential discrimination against certain groups of students, socialization of
students in terms of understanding those who look and think differently, and many other issues.

Proposals for state legislatures to adopt alternatives to traditional public schooling at

public expense are increasing in the United States. Charter schools, operating in forty-four states,
are considered public schools but have more flexibility in staffing and programmatic decisions.
Even though charter schools are public schools, a few courts have ruled that they are not state
actors in terms of applying constitutional guarantees.

Some charter schools have focused their curriculum on a specific language, culture, or
ability level, which has raised legal concerns. There has been a trend for more than three decades
of states deregulating home schooling; eleven states have little to no regulations in place. The
recent rise in virtual schooling and interest in funding education through education savings
accounts may affect the number of students educated at home.

Tax-credit scholarship programs that allow individual and/or corporate tax credits for
private school scholarships are the most popular private school choice strategy currently, although
some states still have voucher programs that allow government funds to flow to private,
primarily religious, schools. Voucher laws typically do not include the same civil rights protections
that are required for public schools, and some voucher programs have been accused of
discriminating against LGBTQ students and students with disabilities.

Under tax-credit scholarship programs, states establish entities to collect the tax credits
and distribute the scholarships; these entities can restrict scholarships to schools of a specific
faith. Education savings accounts for parents are receiving the most current attention as a way for
parents to customize the educational experiences for their children and possibly save money for
college expenses. The U.S. Supreme Court has rejected challenges to state initiatives to increase
parental choice by providing public funds for students to attend private schools.

No state high court has struck down a tax-credit scholarship program, but a few voucher
programs have not withstood challenges under state law, primarily on the basis of state education
clauses or other nonreligious grounds. Religious schools may have a Free Exercise Clause right to
participate in choice initiatives that are open to secular private schools, despite state restrictions
on using public funds for religious purposes.

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EDU 592 Legal Aspects of Education
Self Test

1. Charter schools are given additional flexibility to ________ while at the same time being held
accountable for student achievement.

2. The most common reason given by parents for ________ is their dissatisfaction with the
environment in schools, which is closely followed by religious concerns.

3. ________ to date have been the most popular school strategy to increase access to private
education.
4.
5. The term ________ often is used to refer to strategies that increase private school enrollment.

6. Most states have constitutional provisions baring the use of ________ by religious institutions
and prohibiting the government from compelling citizens to support religion, and all states
have provisions placing an obligation on the legislature to provide for a system of free public
education.

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Critical Analysis

Critical Analysis / Case Study Problems

1. Examine whether or not charter schools are considered public schools. (chapter 13, learning
objective 1)

2. Analyze the history and rights of parents with relation to homeschooling. (chapter 13, learning
objective 2)

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Answer Keys

Key Term Definitions

Charter schools: public schools that are given additional flexibility to innovate while at the same
time being held accountable for student achievement.

Vouchers: under a basic voucher program, the state distributes to parents a voucher for a set
amount that can be redeemed at a public or private school of the parents’ choice.

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EDU 592 Legal Aspects of Education
Answer Keys

Answers to Self Test

1. innovate

2. home schooling

3. Tax-credit scholarship programs

4. school choice

5. public funds

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EDU 592 Legal Aspects of Education
Solutions Guide

Upon successful completion of this chapter, you should be able to:

1. Examine the legal generalizations of state control of public

education.

2. Analyze the legal generalizations of school policies and

practices that must not disadvantage specific individuals or
groups.

3. Assess the legal generalizations of alternatives to traditional

public schools.

Instructions to Students
• Read pages 375- 387 of your textbook
• Reference: Legal Rights of School
Leaders, Teachers, and Students by
McCarthy, Eckes, and Decker, 8th edition

142
EDU 592 Legal Aspects of Education
Overview

In the preceding chapters, principles of law have been presented as they relate to
specific aspects of school leaders’, teachers’, and students’ rights and responsibilities.
Constitutional and statutory provisions, in conjunction with judicial decisions, have been analyzed
in an effort to portray the current status of the law. Many diverse topics have been explored, some
with clearly established legal precedents and others where the law is still evolving. The most
difficult situations confronting school personnel are those without specific legislative or judicial
guidance. In such circumstances, educators must make judgments based on their professional
training and general knowledge of the law as it applies to education. For example, the U.S.
Supreme Court has not addressed whether Title VII of the Civil Rights Act of 1964 bars
employment discrimination based on sexual orientation and gender identity, and lower courts have
rendered different opinions in this regard. Thus, school authorities in many jurisdictions are left to
decide how to handle controversies involving LGBTQ discrimination.

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Key Terms

The key terms listed below are terms with which you should be familiar.
Write your definition below each item. Check your answers at the end of this chapter.

There are no key terms for this chapter.

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Summary

In most instances, courts and legislatures have not imposed on school personnel any
requirements that fair-minded educators would not impose on themselves. Courts have consistently
upheld reasonable policies and practices based on legitimate educational objectives. If anything,
legislative and judicial mandates have clarified and supported the authority as well as the duty of
school personnel to make and enforce regulations that are necessary to maintain an effective and
efficient educational environment.

The federal judiciary in the late 1960s and early 1970s expanded constitutional protection
of individual liberties against governmental interference. Since the 1980s, however, federal courts
have exhibited more restraint and reinforced the authority of state and local education agencies to
make decisions necessary to advance the school’s educational mission, even if such decisions
impinge on protected personal freedoms. Of course, courts will continue to invalidate school
practices and policies if they are arbitrary, unrelated to educational objectives, or impair protected
individual rights without an overriding justification.

Because reform is usually easier to implement when designed from within than when
externally imposed, educators should become more assertive in identifying and altering those
practices that have the potential to generate legal intervention. Internet censorship, peer sexual
harassment, bullying, hazing, and other intimidating behaviors are a few issues now requiring
educators’ attention. Furthermore, school personnel should stay abreast of legal developments
since new laws are enacted each year, and courts are continually interpreting constitutional and
statutory provisions.

In addition to understanding basic legal rights and responsibilities, educators are expected
to transmit this knowledge to students. Pupils also need to understand their constitutional and
statutory rights, the balancing of interests that takes place in legislative and judicial forums, and
the rationale for legal enactments, including school regulations. One high school civics course is
not sufficient; students from an early age need to learn about our legal system and understand the
law governing citizenship in our nation. Only with increased awareness of fundamental legal
principles can all individuals involved in the educational process develop a greater respect for the
law and for the responsibilities that accompany legal rights.

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Self Test

There are no self-test questions for this chapter.

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Critical Analysis

Critical Analysis / Case Study Problems

1. Examine what school personnel must keep in mind regarding the state’s authority to regulate
educational activities. (chapter 14, learning objective 1)

2. Analyze some of the alternatives to traditional public schools. (chapter 14, learning objective 3)

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Solutions Guide

It’s time to take your Unit

Four Examination!
Please read the next page before you begin.

You’re in the home stretch!

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Unit 4 Examination
Instructions

The Unit Examination

At the conclusion of each unit, you will have a unit examination. The
unit examination contains 25 multiple-choice questions.

If you are completing your work online, you will find the unit
exam questions by logging into the Student Portal, clicking on My
Academic Plan, and then selecting the course you are working on.

For students who receive coursework by mail, the exam questions and
answer sheets are included separately from this study guide as a part
of your coursework packet.

Each of the multiple-choice questions are based on the unit you are
completing.

For the unit examination, your grade on the examination will be

determined by the percentage of correct answers. The university
utilizes the following grading system:

A = 90% – 100% correct 4 grade points

B = 80% – 89% correct 3 grade points
C = 70% – 79% correct 2 grade points
D = 60% – 69% correct 1 grade point
F = 59% and below correct 0 grade points

Completing The Unit Four Multiple-Choice Examination

We encourage you to take your time, go through the examination,

If you wish to challenge a particular item, please review the

Challenging a Test Item section of the syllabus.

Writing Assignments
Each course requires students to submit a total of FOUR Writing
Assignments. Please refer to the Writing Lab pages for more details.

Good luck with your multiple-choice examination!

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You Can Do It

Congratulations!
You have completed Unit 4.

Now let’s get ready for the Writing Assignments.

We are confident you will do well.

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EDU 592 Legal Aspects of Education

Writing Lab

Welcome to the Writing Lab!

Writing Assignment Instructions

Each course requires students to complete a total of FOUR Writing Assignments. To help you successfully
complete the Writing Assignment requirements, here are some things you need to know:

Accessing and Submitting Writing Assignments Through the Student Portal

• Log into the student portal, go to My Academic Plan, and select the course you are working on.
• Choose Writing Assignment 1, 2, 3, or 4 to see the writing prompts. YOU MUST SELECT AND
ANSWER ONE PROMPT FROM EACH WRITING ASSIGNMENT SECTION.
• Begin your written response in the text box directly below the writing prompts. The text editor
will automatically include all necessary identification information (i.e., your name, student
number, course number, and Writing Assignment question) once you submit your Writing
Assignment for evaluation.
• Be sure to save a copy of your work prior to clicking the Submit button.

Accessing and Submitting Writing Assignments by Mail

• Students receiving coursework by mail will find the Writing Assignment questions included
separately from this study guide as a part of their coursework packet.
• If you are submitting your Writing Assignments by mail, you will need to include your name,
student number, course number, course title, Writing Assignment number (i.e. Writing
Assignment 1, 2, 3, or 4) and identify the question number you are answering followed by the
actual question itself (in bold type).
• YOU MUST ANSWER ONE PROMPT FROM EACH WRITING ASSIGNMENT SECTION.
• Your Writing Assignments will need to be typed double-spaced, using a standard font and 12
point type size.
• Writing Assignments can be mailed to the following address:

California Coast University

925 N. Spurgeon St.
Santa Ana, CA 92701

Submitting Writing Assignments by E-Mail

• Writing Assignments can be submitted via e-mail to essays@calcoast.edu

• E-mailed essays need to be sent as a Word attachment. Please adhere to the same formatting
guidelines as mailed Writing Assignments.

All four Writing Assignments must be submitted and logged as “received” before the Final
Examination can be released.

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Writing Lab

Guidelines for Successfully Completing Your Writing Assignments

This section is designed to provide some basic information, tips, and strategies to help you successfully
complete your Writing Assignments. To meet accreditation requirements, the Writing Assignments have
been revised to enable master’s students to demonstrate higher level critical thinking skills related to the
course material.

Textbook
• Every course is based on a textbook(s) chosen by the faculty and written by professionals in the
field.
• All Writing Assignments are based on material covered in the course textbook.
• You must have the textbook to successfully complete the course requirements.

Incorporating Outside Sources

• In order to receive full credit on the Writing Assignment, you must incorporate information
from the course textbook AND a minimum of one or more additional outside sources into your
Writing Assignment.
• At the graduate level, this outside research provides you the opportunity to find out what
experts in the field are researching and writing about and will require you to think about your
subject in an informed and critical manner.
• The expectation is that you will develop an organized, comprehensive, and well-cited response
drawing on both materials you have learned in your course, your textbook, and from outside
sources. The references are used to support and/or challenge information presented in the
textbook.

Locating Outside Sources

• You may access library services through the student portal. The University provides students
with access to library services through LIRN—the Library and Information Resources Network
(LIRN).
You may also contact library services at 714-547-9625 ext. 1105 or by email at
library@calcoast.edu.
• You may also find your own sources online or through libraries in your local area.

Citing Outside Sources and Formatting Your Work

• All Writing Assignments must use the American Psychological Association (APA) format. This
requires in-text citations (author, date) and the full reference for each citation at the end of
each Writing Assignment.
• Samples of the proper way to use APA formatting is available in the student portal and in the
Student Handbook.
• Using citations is important as it tells the reader where the information came from. You should
always cite any material you have used from any source.
• You should use a minimum of direct quotes and only to support the key points of your writing.
• Remember, your writing should always be your own original writing—organized and presented in
your own words.

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Writing Lab

Plagiarism—Your Work Must be Original

• There is considerable confusion about what constitutes plagiarism.

• Plagiarism is defined as intentionally presenting the work of another as your own. This is
obviously a serious academic infraction that will result in disciplinary action.
• Sometimes, students can be confused about this important subject and exactly what
constitutes plagiarism. Examples include copying and pasting answers from the Internet and/
or the textbook, and paraphrasing directly from outside sources, without providing the proper
citations.
• To avoid this, it is best to make notes as you do your reading. As you go along, write down the
source where the information came from, and then incorporate your notes into your own original
writing.
• For additional information on plagiarism, you may refer to the course syllabus or the Student
Handbook.
• Information on plagiarism is also available in the student portal > student resources > writing
lab.

Word Count

• While word count is NOT one of the criteria that is used in assigning points to a Writing
Assignment, it can give you a general goal to aim for.
• We have found that graduate students who are successful in earning the maximum number of
points tend to submit Writing Assignments that are between 750-1000 words (3 - 4 pages) per
question.

Sample Writing Assignments and Helpful Information

• You will find several sample Writing Assignments on the Student Portal, including papers for
the various majors we offer and for general education courses. The papers are provided to give
you an idea of what your finished product should look like.
• There are links to helpful articles, websites, and videos in the Student Portal to provide you
with additional information on how to successfully complete your Writing Assignments.

Helpful Tips

• Carefully read and choose the questions you feel most comfortable answering.
• Outline your answers to help organize your thoughts and to provide you a framework for your
response.
• Refer to your course syllabus, contained in the front of this Study Guide, for additional
information on developing your Writing Assignments.
• Refer to useful writing resources on the Student Portal at student portal > student resources >
writing lab or student portal > student resources > writing basics.
• Always proof your answers for content, misspellings, and grammar before submitting.
• Remember to always save a copy of your Writing Assignments. You will find these useful when it
is time to complete your final comprehensive examination at the end of your program.
• You are encouraged to submit one Writing Assignment at a time and to wait for feedback from
that Writing Assignment in order to apply it to the next. Doing so gives you the advantage of
benefitting from the feedback with the possibility of earning a higher score.
* To read your professor’s evaluation, go to My Academic Plan > course number > view exam.
Feedback/comments provided should be applied to all future submissions.

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Writing Lab

Criteria Used for Grading

Writing Assignments are graded on a Pass/Fail basis. You can earn a maximum of 25 points. You must
successfully complete the Writing Assignment portion to pass the course. If you fail a Writing Assignment,
or if it is rejected, then you must resubmit the assignment until you receive a passing score. To give you an
idea of what the faculty will be evaluating you on, here are the five criteria used for grading, with 5 points
given for each category:

Organization: Standard Essay Format

• The faculty will be evaluating your work to see that you have used the standard essay format—
introduction/body/conclusion.
• In addition, they will evaluate your work to see that the structure is a multi-paragraph essay, with
clearly developed, effective transitions and solid topic sentences.

Comprehension of the Readings

• The faculty will be evaluating your work to see that you demonstrated an in-depth understanding
of the course content, as presented in the assigned textbook/readings.
• In addition, they will be looking to see that you have critically evaluated/responded to those ideas
in an analytical, persuasive manner (i.e. graduate level).

Treatment of Key Concepts in the Assignment

• The faculty will be evaluating your work to see that you demonstrated an understanding of course
content and key concepts.
• For this, you have taken the key concepts from the writing prompt, incorporated those into your
finished Writing Assignment, and responded in an academic manner with integration of outside
sources supporting those key concepts.

Analysis and Originality

• The faculty will be evaluating your work to see that you demonstrated the use of critical thinking
while making novel connections to outside materials and experiences—i.e., your ability to
examine, assess, evaluate, and/or analyze course content and key concepts.
• You will need to demonstrate that you can look at the course material in various ways and present
your work in a graduate level Writing Assignment.

Mechanics

• The faculty will be evaluating your work to see that you have utilized proper grammar, spelling,
punctuation, citations, etc.
• Your writing consistently adheres to APA formatting.

It is our hope that you find the Writing Assignments to be a stimulating and challenging addition
to your learning. Good luck with your Writing Assignments!

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EDU 592 Legal Aspects of Education
Final Examination
Instructions

About the Final Examination

After you have successfully completed all of the unit examinations
and writing assignments, it will be time for you to take the final
examination.

The final examination will be provided by student services only after

you have completed all four unit examinations and submitted all four
writing assignments.

Scheduling a Final Examination

Final examination requests can be submitted online through the
Coast Connection student portal, by calling the Testing Department at
(714) 547-9625, or via U.S. mail.

A final exam scheduling form is located on the last page of this

study guide. Please fill out ALL required fields before mailing it to the
university.

Final exams will only be sent if you have completed all four unit
examinations and submitted all four writing assignments.

Submitting Your Final Examination

Final Examinations can be submitted online through the Coast

Connection student portal, by mail, or by fax.

For online submissions, once you have logged into the student portal,
click on My Academic Plan and select the course you are working on
to complete the final examination. You must input the unique
password that was sent to your proctor in order to unlock your final
examination questions. Remember to keep a copy of your answers for
your own personal records.

After you have completed your exam, you or your proctor can fax it to
the Grading Department at (714) 547-1451 or mail it to the
university. When faxing exams, please do not resize your fax.

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Final Exam Scheduling
Form

The university requires all final examinations to be completed under the supervision of a proctor. A proctor
can be any reputable person other than a relative, someone who resides with you or a current/former CCU
student.

It is your responsibility, as the student, to inform your proctor of the following duties:
• The proctor must assure that all final examination material is kept secure and confidential.
• Verify the student’s government issued identification.
• Assure that the student completes the examination without any outside assistance of any kind other
than the course textbook, notes and other study materials.
• Follow all online instructions for submitting the final examination, or
• Return the signed and completed answer sheet to CCU for grading and evaluation via mail or fax.