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○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○Educational LawEditor’s Note: While Educational Law is not a specified skill standard, knowledge of key federal and state lawsand the Washington Administrative Code is essential for professional-technical instructors to be successful intheir classrooms. Several critical work functions and key activities in Skill Standards for Professional-TechnicalCollege Instructors and Customized Trainers (2000) demonstrate a clear need for Washington’s educators tofollow OSHA, WISHA, ADA, FERPA and other laws.○ ○ ○ ○ ○ ○ ○ ○COURSE DESCRIPTION:Professional-technical instructors function in a complex environment, one influenced not onlyby instructional variables, but also by social, economic, political, and legal ones. Thismodule of instruction helps the professional-technical instructor understand how law affectsthe school environment. The course has a strong emphasis on applying legal concepts tosituations typically found in secondary and postsecondary settings. The instructor-learner willlearn how legal principles from local, state and federal sources should guide professionalpractice.LEARNING OUTCOMES: The instructor-learner will:• Identify and apply principles of school law (local, state and federal) to specificeducational contexts.• Identify and apply the Revised Code of Washington and Washington AdministrativeCode to specific educational contexts.• Analyze his/her own educational situation and establish a plan to ensure he/sheengages in practices consistent with local, state and federal law.OUTCOMES ASSESSMENTS:• Ask and answer whether there are there legal implications whenever confronting importantdecisions specific to educational contexts and decide what course of action to take whendealing with issues having legal implications.• Conduct research relative to facts and legal issues.• Analyze cases and case studies as they apply to rules of law in specific educationalsituations and critique analyses by other individuals and groups.• Present an analysis of his/her own work setting relative to legal educational issues.PERFORMANCE INDICATORS:• Key facts of a case are accurately identified and summarized.• Legal precedents and citations are correctly identified as applicable to a given set of facts.• The selected rule of law is applied appropriately and persuasively to a specific case.• Decisions are effectively defended using a combination of facts, legal citations, andargumentation.• Critiques of the decisions of others are made using a combination of facts, legal citations,and argumentation.14.2CURRICULUM GUIDE: EDUCATIONAL LAW
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○Educational LawKNOWLEDGE AND SKILLS: The instructor-learner will:• Research facts and legal precedent/citations.• Perform various roles in group analysis and reporting process, e.g., researcher, recorder,facilitator, spokesperson.• Ask probing questions in small and whole-group settings.• Analyze his/her own work setting relative to legal issues.• Write a defensible analysis in response to case studies.• Deliver a formal presentation that incorporates an analysis of legal issues.• Use legal terminology appropriately.• Share anecdotal information with others.Essential ContentDiscussion Topics and Key PointsEducation and • Constitutional law, both state and federal.the American Legal System • Statutory law, both state and federal.• Administrative law, e.g. Washington Administrative Code.• Case law and vital role of precedent.Public Education Agencies: • Admission and attendance requirements.Programs and Services • Course of study and learning materials, including selection and use.• Student services: what’s required and what isn’t?Education and Religion • First Amendment protection: “establishment” clause and “freeexercise” clause.• Types of conflicts: curriculum challenges, prayer, bible study.• Services to private, sectarian schools.General Principles of Torts of • Duty of care and “reasonable person standard,” including variablesand Liabilitysuch as relationship, age of parties, degree of danger and necessityof risk.• Proximate causation must be shown.• General defenses that would prevent or diminish the award ofdamages: privileged conduct, victim fault, waiver of claims, lack ofauthority.Torts in School Settings • Corporal punishment is prohibited in Washington State.• Premises liability requires adherence to safety standards.• Supervision liability: negligent supervision most common.• Defamation: elements of proof are: statement of fact is untrue,known to be untrue by communicator, communicated to third party,results in injury to wrongly characterized person.Employees’ Rights and Obligations • Certification requirements.• Tenure; continuing contracts.• Collective bargaining.• Dispute resolution.• Progressive discipline, adverse effect, suspension, termination,reduction in force.• Discrimination prohibited: gender, ethnicity, age, disability;Americans with Disabilities Act (ADA) and Section 504 requirereasonable accommodations.• Must respect intellectual property through obedience to copyrightlaws and fair use doctrines.Personal Civil Rights of Teachers • Procedural rights include due process and is similar to that enjoyedby all citizens, but with some special rules.• Substantive rights include freedom of expression (academicfreedom) and privacy.CURRICULUM GUIDE: EDUCATIONAL LAW 14.3
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