Harding University College of Education
EDFD 666 - School Law and Policy
3 hours of graduate credit
Summer II - July 5 - 15, 2005
Thornton Education Center - TEC 225

Course Description:

This course, which offers a comprehensive view of the law that governs state school systems in America, will be presented primarily through case studies analysis. It explores case precedence and rules of law as they apply to educational contexts. Special application will be made to Arkansas schools and laws.

Required Text:

Alexander, K. & Alexander, M.D. (2005). American public school law, 6th ed. Belmont, CA: Wadsworth Publishing Co.

Performance Goals:
Evidence of student performance will be that the student can:

1. Access cases using traditional and electronic methods and to analyze cases to determine their parts, decisions, reasons and bearings upon education.
2. Prepare case briefs.
3. Apply knowledge of federal and state constitutional, statutory, and regulatory provisions and judicial decisions governing education. (ELCC 11.1; ISLLC 5,6)
4. Apply knowledge of common law and contractual requirements and procedures in an educational setting, including responding to electronic and printed news media (i.e., tort liability, contract administration, formal hearings). (ELCC 10.6, 11.2; ISLLC 1, 4, 6)
5. Define and relate the general characteristics of internal and external political systems (including boards of education) as they apply to school settings and develop appropriate procedures and relationships for working with local governing boards. (ELCC 11.3; 11.7; ISLLC 6)
6. Describe the processes by which federal, state, district, and school-site policies are formulated, enacted, implemented, and evaluated, and develop strategies for influencing policy development. (ELCC 11.4; ISLLC 6)
7. Analyze case scenarios and formulate possible solutions with respect to legal, policy, and social contexts taking into consideration moral and ethical implications of policy options and political strategies, including general and special education, without regard to culture, religion, gender, and sexual orientation of individual students. (ELCC 1.3; ELCC 11.5; CEC CC.1.S2; CEC CC.8.S2; ISLLC 5, 6)
8. Articulate a personal philosophy of special education including its relationship to/with regular education. (CEC CC.1.S1; ISLLC 1,5)
9. Articulate legal provisions, regulations, and program standards regarding assessment of individuals as well as comply with federal, state, and local monitoring and evaluation requirements. (CEC CC.3.K3; CEC CC.8.S7; ISLLC 4,5,6)
10. Manifest a professional code of ethics and values with an awareness of personal biases and differences that may affect one's teaching or administering programs. (ELCC 1.7; CEC CC.7.K5; CEC CC.8.K1; CEC CC.8.S8; ISLLC 3,5)
11. Develop skills for collective bargaining and negotiating written agreements. Evidenced by a written plan completed collaboratively. (ELCC 4.6; ISLLC 3)

Assignments and Possible Points:
To accomplish the goals of this course, you will be required to successfully complete the following course requirements.

1. Prepare briefs on four cases.
Use prescribed guidelines for each brief.
4 Briefs @ 50 points each = 200 total points

2. Take one Mid-term exam worth - 100 points.

3. Oral presentation of cases.

4. Simulation Exercise and Presentation - 100 points.
Create a case scenario simulation to develop a school law-related issue. For example, simulate a school which is going to adopt a new uniform dress code. Using current case and statutory law, state regulations, and other sources, draft the process and expected outcomes of such a move. Be sure to cite sources using APA style (http://www.wooster.edu/psychology/apa-crib.html ) and base any actions or predictions on a rationale based on case and statutory law, regulation, policy, etc. This scenario should be comprehensive with appropriate and adequate supplemental materials to support policies, plans, etc. (Include "supporting documents" such as maps, letters, forms, etc.)

5. Final Exam - Analysis of Hypothetical Case Scenario - 100 points
A case scenario is a description of events and people of a real-life situation. The purpose of the case scenario method is to allow you the opportunity to analyze a particular situation; determine the problem(s), legal issue(s), and applicable rules of law; search for possible solutions; weigh alternatives; then decide the best course(s) of action. This decision should be based not only on the facts of the case and the law, but also on your understanding of good management practices and the behavior of people in the school environment.

Attendance Policy:
Attendance in this class is essential for its success not only for each student but also for the class as a whole. Students should plan on attending each class unless prevented by circumstances beyond their control. Students should notify the instructor personally or by telephone prior to being absent from class regardless of the reason for the absence. Class will begin on time. If you are tardy to class lectures, please check with the instructor to be sure you have not been marked absent.

Students that are absent will be assigned a related, though not necessarily equivalent, out of class make-up assignment - as determined by the instructor. Students with unexcused absences of more than three (50 minute class periods) are subject to being dropped from the class with an "F."

Missed Assignment Policy:
Each assignment is due in class on the date indicated. Assignments will be due when asked for by the professor. Late assignments will receive a zero, "0". Example: If you are late to class when the professor asks for your assignment, you will receive a zero, "0".

Academic Honesty Policy:
You are encouraged to maintain personal integrity on all assignments. Violations of integrity (cheating, plagiarism, etc.) will be treated as behavioral, not academic situations. Tests and assignments affected will not be graded.

STUDENTS WITH DISABILITIES: It is the policy for Harding University to accommodate students with disabilities, pursuant to federal and state law. Therefore, any student with a documented disability condition (e.g., physical, learning, psychiatric, vision, hearing, etc.) who needs to arrange reasonable accommodations must contact the instructor and Student Support Services at the beginning of the semester. SSS is located in Room 109 of the Lee Academic Center, telephone 279-4028.

Graduate Students:
You should be aware that this course may be included in the written comprehensive examination that is required to complete your master's degree.

CASES from AMERICAN PUBLIC SCHOOL LAW, 6th ed.* by Alexander and Alexander

Chapter 2 - Historical Perspective of Public Schools
McDuffy v. Secretary of Executive Office of Education, p. 31 Duty of legislature to cherish public schools
Claremont School District v. Governor, p. 38 Requires adequate financing by legislature
Commonwealth v. Hartman, p. 40 Legislative limits
Council of Organizations of Others for Education about Parochiad v. Governor, p. 45 Def'n of public schools
Randolph County Board of Education v. Adams, p. 50 Fee for textbooks and materials violates free provision
Cardiff v. Bismarck Public School District, p. 52 Textbook fees
Hartzell v. Connell, p. 56 Provision for free public schooling-prohibits fees for either regular or extra-programs

Chapter 3 - Role of the Federal Government
U.S. v. Lopez, p. 72 Violates Commerce Clause - Gun-Free Zone Act
Shepheard v. Godwin, p. 76 Violates Supremacy Clause - State statute v. federal statute
San Antonio Independent School District v. Rodriguez, p.89 Edu. not a fundamental right under constitution
Kadrmas v. Dickinson Public Schools, p. 93 School bus fee does not violate equal protection

Chapter 4 - Governance of Public Schools
State ex rel. Clark v. Haworth, p. 101 State legislature may regulate common schools
McGilvra v. Seattle School District #1, p. 105 Districts' powers come from statute only
Clark v. Jefferson County Board of Education, p. 106 County board of education can establish day care center
Petition to Transfer Territory from High School…, p. 109 Statute giving Supt. authority to transfer territory
School District No. 39 of Washington County v. Decker, p. 113 Legislative authority delegated to state supt.
Hortonville Joint School Dist. #1 v. Hortonville Education Assoc., p. 117 School board an Impartial Tribunal
Sioux City Community School Dist. v. Iowa Department of Education. P. 121 Bus transportation not provided
Quimby v. School District #21 of Pinal County, p. 125 Adherence to Interscholastic AAA rules
Smith v. Dorsey, p. 128 Constitutional prohibition of nepotism
Williams v. Augusta County School Board, p. 130 Conflict of interest statutes
Hadley v. Junior College District of Metropolitan Kansas City, Mo. p. 133 Equality of voting power
Aldridge v. School District of North Platte, p. 136 Board's actions with respect to meetings
Rhode Island Affiliate, ACLU v. Bernasconi, p. 141 Open meetings law v. closed session
Hovet v. Hebron Public School District, p. 143 Openness of personnel files

Chapter 5 - Church and State
Everson v. Board of Education, p. 162 Bus fares for parochial students
Board of Education of Central School District #1 v. Allen, p. 165 Loan of textbooks to parochial students
Lemon v. Kurtzman, p. 168 State aid for supplemental salaries & services - Lemon Test
Mueller v. Allen, p. 174 Tax deductions for parents of parochial students
Zobrest v. Catalina Foothills School District, p. 180 Providing services under IDEA to student attending
Catholic High School does not violate the Establishment Clause
Agostini v. Felton, p. 182 Payment of Title I teachers in parochial schools
Mitchell v. Helms, p. 185 Federal funds used in parochial schools
Zelman v. Simmons-Harris, p. 197 Ohio voucher program does not violate the establishment clause
Dickman v. School Dist. #62C, p. 205 Books to parochial schools cannot be justified on Child Benefit Theory
Illinois ex rel. McCollum v. Board, Champaign Co., p. 208 Release time for religious instruction on public
school premises is unconstitutional
Zorach, v. Clauson, p. 209 Release time to attend religious classes off school premises is constitutional
School District of Abington Township v. Schempp and Murray v. Curlett, p. 215 Bible reading and prayer
Wallace v. Jaffree, p. 217 Period of meditation or voluntary prayer
Lee v. Weisman, p. 220 Nonsectarian prayer at high school graduation
Santa Fe Independent School District v. Doe, p. 222 Student-initiated and led prayers at football games
Board of Education of the Westside Community, Schools v. Mergens, p. 228 Student groups
Good News Club v. Milford Central School, P. 237 School's viewpoint discrimination was not required
West Virginia State Board of Education v. Barnette, p. 241 Required participation in flag salute

Chapter 6 - School Attendance
Plyler v. Doe, p. 250 Undocumented children of alien parents
Martinez v. Bynum, p. 254 Bona fide residence requirement
Pierce v. Society of The Sisters of the Holy Names of Jesus and Mary, p. 262 Compulsory attendance
Wisconsin v. Yoder, p. 265 Amish exception
Johnson v. Charles City Community Schools Board of Education, p. 269 Baptist exception?
Swanson v. Guthrie Independent School District I-L, p. 278 Home schooled and hybrid-rights
Murphy v. State of Arkansas, p. 280 Tests for monitoring home schooling
In re Interest of Rebekah T. p. 283 Home-School parents neglected children
Maack v. School District of Lincoln, p. 290 Exclusion of un-immunized students

Chapter 7 - The Instructional Program
State ex rel. Andrews v. Webber, p. 299 Board can enforce reasonable rules for curriculum
Sandlin v. Johnson, p. 301 Denial of promotion
Meyer v. Nebraska, p. 302 Foreign language prohibition
Immediato v. Rye Neck School District, p. 304 Mandatory community service as graduation requirement
Steirer ex rel. Steirer v. Bethlehem Area School District, p. 308 Mandatory community service
Board of Education, Island Trees v. Pico, p. 310 Removal of books from library
Counts v. Cedarville School District, P. 314 School board restriction of access to Harry Potter
Virgil v. School Board of Columbia County, Florida, p. 318 Removal of books from curriculum
Mozert v. Hawkins County Board of Education, p. 321 Students' religious beliefs and required reader
Brown v. Woodland Joint Unified School District, p. 325 Curriculum discussing witchcraft
Leebaert v. Harrington, p. 331 Parent rights and the curriculum
Keefe v. Geanakos, p. 335 Academic freedom and teachers' use of "dirty" words
Boring v. Buncombe County Board of Education, p. 337 School board legitimate pedagogical interest
Epperson v. State of Arkansas, p. 343 Statute forbidding teaching of evolution
Edwards v. Aguillard, p. 344 Statute requiring balanced treatment of creation & evolution
Debra P. v. Turlington, p. 350 Testing for diplomas
Campbell v. Board of Educational Town of New Milford, p. 355 Academic sanctions for nonattendance
Lau v. Nichols, p. 360 Bilingual education

Chapter 8 - Student Rights: Speech, Expression, and Privacy
Tinker v. Des Moines Independent School District, p. 367 Freedom of expression & substantial disruption
Bethel School District No. 403 v. Fraser, p. 369 Student's' lewd and indecent language
Chandler v. McMinnville School District, p. 372 Speech in the form of buttons
Canady v. Bossier Parish School Board, p. 377 Mandatory uniform policy
Lamb's Chapel v. Center Moriches Union Free School District, p. 382 Limited public forum
Hazelwood School District v. Kuhlmeier, p. 388 Regulation of content of student newspapers
Beussink v. Woodland R-IV School District, p. 394 Student created homepage and protected speech
New Jersey v. T.L.O., p. 404 Reasonable and non-excessive student searches
Vernonia School District 47J v. Acton, p. 409 Random urinalysis testing for drugs
Board of Education of Independent School District #92 of Pottawatomie County v. Earls, p. 412 Drug test
Cornfield v. Consolidated H.S. District No.230, p. 417 Strip searches
State of Iowa v. Jones, p. 420 Annual, School-Wide cleanout of lockers
Isiah v. State of Wisconsin, p. 424 Searching school lockers

Chapter 9 - Student Rights: Common Law, Constitutional Due Process, and Statutory Protections
Wiemerslage v. Maine Township High School District 207, p. 433 District policy on "Loitering"
Dunn v. Fairfield Community High School Distr. #225, p. 439 Giving students an "F" for breaking rules
Ingraham v. Wright, p. 445 Cruel and unusual punishment
Dixon v. Alabama State Board of Education, p. 451 Procedural due process for expulsion
Goss v. Lopez, p. 452 Temporary suspension requires procedural due process
McClain v. Lafayette County Board of Education, p. 455, Due process a flexible concept
Franklin v. Gwinnett County Public Schools, p. 464 A remedy in damages is available for an action Title IX
Gebser v Lago Vista Independent School Distr., p. 466 Sexual harassment by teacher
Davis v. Monroe County Board of Education, p. 469 Student-to-Student sexual harassment
Baynard v. Malone, p. 472 Deliberate Indifference in regards to sexual molestation
Arkansas Department of Human Services v. Caldwell, p. 478 Paddling or child abuse?

Chapter 10 - Rights of Students with Disabilities
Mills v. Board of Education of D.C., p. 487 Procedural due process & reassignment
Board of Education of Hendrick Hudson Central School District v. Rowley, p. 499 FAPE
Timothy W. v. Rochester School District, p. 502 EAHCA and eligibility requirements
Oberti v. Board of Education, p. 508 Burden of proof for mainstreaming borne by school - Three Factor Test
Beth v. Van Clay, p. 513 Reverse mainstreaming opportunities meets LRE
Florence Co. School District Four v. Carter, p. 518 Reimbursement for private schooling
Foley v. Special School District of St. Louis County, p. 521 Individual rights of disabled child in parochial school
KDM v. Reedsport School District, p. 523 Public school not required to provide services at religious school
Irving Independent School District v. Tatro, p. 526 Catheterization and related services
Cedar Rapids Community School District v. Garret F., p. 528 Continuous nursing service is related service
Honig v. Doe, p. 532 "Stay-put" provision
Timothy H. v. Cedar Rapids Community School District, p. 540 Transportation for student with disability
Martinez v. School Board of Hillsborough County, Florida, p. 543 AIDS

Chapter 11 - Tort Liability
Spears v. Jefferson School Board, p. 553 Liability for intentional act
Fallon v. Indiana Trail School, p. 555 Trampoline liability
Brown v. Tesack, p. 560 Breach of duty of reasonable care and liability
Brownell v. Los Angeles School District, p. 563 Foresee ability and liability
Johnson v. School District of Millard, p. 565 Foresight by teacher
Richardson v. Corvallis Public School District No. 1, p. 569 Safe premises
Wallmuth v. Rapides Parish School Board, p. 572 Locker-room fight when teacher not present
Stevens v. Chesteen, p. 575 Brief absence from class and breach of duty
Hutchison v. Toews, p. 577 Contributory negligence and student injury
Aaris v. Las Virgenes Unified School District, p. 579 Doctrine of Primary Assumption of Risk
Hammond v. Board of Education of Carroll County, p. 581 Girl playing football and assumption of risk
Wagenblast v. Odessa School District #105-157-166J, p. 585 Signed releases from liability are invalid
Donahue v. Copiague Union Free School Distr., p. 588 Educational malpractice not cognizable cause of action

Chapter 12 - Defamation and Student Records
Hett v. Ploetz, p. 601 Negative Recommendation if protected by a conditional privilege
Desselle v. Guillory, p. 603 Qualified privilege protects parents who convey information about teachers
Phillips v. Lincoln County School District, p. 606 Statements by teachers about student's nickname
Milkovich v. Lorain Journal Co., p. 608 Newspaper article accusing coach of being a liar
Richmond Newspapers, Inc. v. Lipscomb, p. 612 Recovering compensatory damages for libel
Johnson v. Robbinsdale Independent School District #281, p. 616 School principal is public official
Owasso Independent School District v. Falvo, p. 624 FERPA

Chapter 13 - School District Liability
Molitor v. Kaneland Community Unit District #302, p. 632 Sovereign immunity of school districts
Richardson v. Rankin County School District, p. 636 Statutorily establishing governmental immunity
Yanero v. Davis, p. 637 Governmental Immunity and Qualified Immunity
Lentz v. Morris, p. 641 Doctrine of Sovereign Immunity may protect teacher from liability for pupil injury
Mosley v. Portland School District #1J, p. 644 Statutory immunity for discretionary acts
Ette ex rel. Ette v. Linn-Mar Community School District, p. 646 School trip and Zero Tolerance
Dugger v. Sprouse, p. 649 Sovereign Immunity and specific terms of liability insurance policy
Tanari v. School Directors of District #502, p. 651 Free pass to football game and injury
Hendricks v. Southfield Public Schools, p. 654 Snow mounds and intentional nuisance
Wood v. Strickland, p. 657 School board members may be liable, as individuals
Minton v. St. Bernard Parish School Board, p. 662 Common Law or Statutory Immunity
Duke v. Grady Municipal Schools, p. 664 Eleventh Amendment Immunity in Section 1983 Action

Chapter 14 - Certification, Contracts, and Tenure
Ambach v. Norwick, p. 672 Citizenship and Certification
Wardwell v. Board of Education of City S.D. of the City of Cincinnati et al., p. 674 Residency
Application of Bay, p. 675 Moral character and certification
Erb v. Iowa Board, p. 678 Adultery and certification
Fairplay School Township v. O'Neal, p. 681 Oral contracts
Feldhusen v. Beach Public School District No. 3, p. 682 Contract renewal and failure to get hours
Scheer v. Independent School District #I-26 of Ottawa County, p. 684 Tenure rights and temporary contracts
Appeal of Santee, p. 686 Reassignment of teacher
Collins v. Faith School District #46-2, p. 688 Termination of teacher for discussion of homosexuality
Gaylord v. Board of Education, Unified Dist. #218, Morton County, p. 693 Insubordination
In re Termination of James E. Johnson, p. 694 Insubordination of tenured teacher
Toney v. Fairbanks North Star Borough School District, p. 697 Prior sexual relationship with student
Board of Education of Hopkins Co. v. Wood, p. 700 Off-campus immoral conduct
Elvin v. City of Waterville, p. 702 Sexual relationship with a student at another school
Gaylord v. Tacoma School District #10, p. 703 Homosexuality
Board of Directors of Lawton-Bronson v. Davies, p. 707 Shoplifting and competence
Zoll v. Eastern Allamakee Community School District, p. 710 Reduction in Force
State v. Project Principle, Inc., p. 714 Retention of teaching certificate

Chapter 15 - Teacher Rights and Freedoms
Pickering v. Board of Education, p. 725 Free speech and public concern
Mt. Healthy v. Doyle, p. 729 Violation of constitutional right must be evident for judicial action
Givhan v. Western Line, p. 734 Freedom of speech and private communication with employer
Stroman v. Colleton County School District, p. 736 Free speech and teacher dismissal
East Hartford Education Association v. Board of Education, p. 738 Teacher dress
Seemuller v. Fairfax County School Board, p. 740 Teacher's letter to school newspaper a public concern
Daury v. Smith, p. 745 Principal seeing a psychiatrist and privacy rights
Knox County Education Association v. Knox County Board of Education, p. 749 Teacher drug testing
Cooper v. Eugene School District 4J, p. 756 Wearing religious garb
Beilan v. Board of Education, School District of Philadelphia, p. 760 Loyalty and incompetency

Chapter 16 - Due Process Rights of Teachers
Board of Regents v. Roth, p. 768 Procedural due process not required when not deprived of constitutional right
Perry v. Sindermann, p. 771 Tenured teacher entitled to hearing before termination
Cleveland Board of Education v. Loudermill, p. 777 Public employee with property interest entitled to hearing
Crump v. Board of Edcuation of Hickory Administrative School Unit, p. 781 Impartial tribunal
Wieman v. Updegraff, p. 787 Vagueness of oath offends due process
Connell v. Higginbotham, p. 789 Disclaimer provisions of loyalty oath are unconstitutional
Cleveland Board of Education v. LaFleur, p. 790 Mandatory maternity leave

Chapter 17 - Discrimination in Employment
Griggs v. Duke Power Co., p. 799 Title VII and employment standards and test not related to job performance
United States v. South Carolina, p. 800 Use of test scores for certification and as salary factor
Hazelwood School v. U.S., p. 805 Discrimination and quotas
Wygant v. Jackson Board of Education, p. 810 Affirmative action and layoffs and equal protection
Taxman v. Board, p. 812 Non-remedial affirmative action plan violates Title VII
North Haven Board of Education v. Bell, p. 819 Title IV and gender discrimination
Clark County School District v. Breeden, p. 823 Single incident of alleged sexual harassment
Masson v. School Board of Dade County, FL, p. 825 Vicarious liability for sexual harassment
Trautuetter v. Quick, p. 829 Consensual sexual relationship and sexual harassment
Ansonia Board of Education v. Philbrook, p. 832 Title VII and religious expression
Cowan v. Strafford R-VI School District, p. 834 Title VII, magic rock, and religious discrimination
Danzl v. North St. Paul, p. 837 Title VII and hiring of females
Wooden v. Board of Education of Jefferson County, p. 842 Unsuccessful job applicant
School Board of Nassau County, FL v. Arline, p. 845 Teacher afflicted with tuberculosis
Chalk v. U.S. District Court Central District of California, p. 849 Teacher with AIDS

SAMPLE CASE BRIEF FORM

CITATION

This will be the "name" of the case which includes citations references. Note that the "name" of the case, that
is those involved, are always either italicized or underlined.

Examples:

Pace v. Bogalusa City School Board, 34 IDELR 116 (E.D. La. 2001)
Honig v. Doe, 484 U.S. 305, 108 S. Ct. 592
Martinez v. School Board of Hillsborough County, Florida, 861 F.2d 1502 (11th Cir., 1988)

TOPIC

What is the case about - a succinct few words to identify the topic.

Examples of topics:
" Negligence
" Student records
" Religious expression in schools
" Curriculum
" Teacher contracts

You may use these suggested topics and add a clarifying detail or two. Keep the topic short.

FACTS

This is the who, what, where, and why of the case. Facts are usually included in the opinion. What happened?
Who was involved? What are the circumstances particular to this case? In other words, this is the "story" of
the case.

RULING (or Holding) OF THE COURT

This might be difficult to clearly ascertain in some cases, but basically, it reflects what the court decided or held
in the case.

REASONING

This, too, may be difficult to ascertain, but it is helpful to know why the court made the ruling they (or he or
she) did. What rationale was used to arrive at the ruling?

ISSUE(S) and IMPLICATIONS OF THE CASE

What questions or issues does this case present? Example questions might include:
*What circumstances created a tort liability for the school?
*When can a school censor student-produced publications?
*In what case would a school have grounds to dismiss a teacher for immorality?

What does this ruling mean for the larger picture? What implications does it have for schools, parents, students,
regular ed, special ed, private schools, attorneys, or whomever it may affect?

SAMPLE BRIEF

Citation

Simms v. Sch. Dist. No. 1, Multnomah Co., 590 P.2d 236 (Ore.1973)

Topic

Assault and Battery

Relief Sought

Students brought action to recover damages against school district and one of its teachers for assault and battery.

Issues (s)

(1) Did teacher wantonly shove student into door?
(2) May teacher use reasonable force to move a disruptive child from the classroom?
(3) Did the trial judge err in instruction to the jury?

Facts

Plaintiff, Richard Simms, 14, brought action to recover damages against school district and a teacher, Marvin Weitz, alleging that he was wantonly shoved into a door and glass window, breaking the window and injuring his arm. Defendant denied the allegations and said that while plaintiff was being removed from the classroom by reasonable force, the incident occurred, but that it was within the teacher's right to do so. Plaintiff demurred to teacher's defense; court overruled the demurrer. Case went to a jury which returned a verdict in favor of both defendants. Plaintiff appealed. Plaintiff was enrolled in a "model" school for disadvantaged, and had a poor record.

Ruling of the trial court

For defendant school district and teacher. [Note: The case in the book may be convoluted as it may include a lower court's decision, an appellate court's decision, etc. Try to work through the findings and present the final finding or ruling.]

Ruling of the appellate court

Court of Appeals affirmed the court below. [Note: This may not be evident in the case as presented in the text; if so, do not include it in your brief.]

Reasoning

Teachers may use reasonable force to remove a child from the classroom if he is a disruptive element therein. The district's regulation on corporal punishment read, in part: "Except in the event of forcible and physical resistance to the teacher's authority, corporal punishment shall be administered only after the teacher has procured in advance the approval of the principal." The issue of whether or not the student offered "forcible and physical resistance to the teacher's authority" was for the jury to decide whether or not the teacher used reasonable force within the meaning of the regulation. A teacher stands in loco parentis to the child, and shares the parent's right to obtain obedience to reasonable demands by force.

Rubric for Evaluation of Cases and Hypotheticals:
MAT 666 / EDFD 666

1 = Below Basic 2 = Basic 3 = Proficient 4 = Advanced

Advanced: Demonstrates a thorough understanding of the aspects of the case that are relevant to the question. Responds appropriately with a strong explanation providing relevant concepts, laws, policies, procedures, etc.

Proficient: Demonstrates a competent and proficient understanding of the aspects of the case that are relevant to the question. Responds appropriately with a good explanation providing relevant concepts, laws, policies, procedures, etc.

Basic: Demonstrates a basic understanding of the aspects of the case that are relevant to the question. Responds appropriately with an adequate explanation providing relevant concepts, laws, policies, procedures, etc.

Below Basic: Fails to demonstrate a basic understanding of the aspects of the case that are relevant to the question. Does not respond appropriately with an adequate explanation providing relevant concepts, laws, policies, procedures, etc.

Rating: ______

Comments:

RUBRIC FOR SIMULATION PROJECT
MAT 666 / EDFD 666

Advanced: Demonstrates a thorough understanding of the aspects of the topic. Writes and creates with a superior style incorporating a careful synthesis of information about the chosen topic. Clearly relates the topic to the educational context. Creates documents and associated materials which reflect authentic documents and paraphernalia that might be used in a real-life situation. Uses a variety of documents and paraphernalia to support the simulation (for example, letters to parents, handbook excerpts, board policy manual excerpts, page reflecting research into legal and policy aspects of the topic).

Proficient: Demonstrates a good understanding of the aspects of the topic. Writes and creates with a proficient style incorporating a reasonable synthesis of information about the chosen topic. Relates the topic to the educational context. Creates some documents and associated materials which reflect authentic documents and paraphernalia that might be used in a real-life situation. Uses a variety of documents and paraphernalia to support the simulation (for example, includes a few of the following: letters to parents, handbook excerpts, board policy manual excerpts, page reflecting research into legal and policy aspects of the topic).

Basic: Demonstrates an adequate understanding of the aspects of the topic. Writes and creates with an acceptable style touching on relevant topics. Somewhat relates the topic to the educational context. Creates documents and associated materials which minimally reflect authentic documents and paraphernalia that might be used in a real-life situation. Fails to use a variety of documents and paraphernalia to support the simulation (for example, fails to use but one of the following: letters to parents, handbook excerpts, board policy manual excerpts, page reflecting research into legal and policy aspects of the topic).

Below Basic: Fails to demonstrate a basic understanding of the aspects of the topic. Writes with a substandard style failing to incorporate a synthesis of information about the chosen topic. Fails to relate the topic to the educational context. Fails to use supporting documents and paraphernalia to support the simulation (for example, does not include any of the following: letters to parents, handbook excerpts, board policy manual excerpts, page reflecting research into legal and policy aspects of the topic).

_____ Rating:

Comments: