Cleveland State University

 ADM 613, LAW 630 (School Law)

Professor: Ralph D. Mawdsley, J.D., Ph.D. – Professor of Law, Roslyn Z. Wolf Professor of Education

Office: Julka Hall 285; LB 220

Office Hours: Monday (1-4 p.m.)

Phone: (216) 523-7148

Email: ralph_d_mawdsleynull@yahoo.nullcom

COURSE DESCRIPTION

Education and the Law surveys judicial and legislative responses to issues arising in K-12 educational contexts. The course examines school governance; compulsory attendance; religion and education; student rights including free speech, discipline, search and seizure, and sexual harassment; equal educational opportunities relating to desegregation and students with disabilities; and teacher rights including employment issues, certification, tenure, and dismissal..

TEXT/REQUIRED READINGS

1) Charles J. Russo, Reutter’s The Law of Public Education, 8th ed. (Foundation Press, 2012)

2) Cases as noted in syllabus and as may identified during the term

3) Courses located on Electronic Reserve.

Access code to electronic reserve for ADM 613, LAW 630 is: 7411

4) Handouts as may be provided throughout the term

5) Some cases will be assigned through Lexis Nexis or Westlaw

Accessing Electronic Reserve – All cases identified in the Course Outline in bold type can be found on Electronic Reserve, located by following these directions, progressing through a series of screens:

1. click on “Academic” on the CSU Webpage
2. click on “University Library”
3. click on “Electronic Course Reserves”
4. On “Research Guide” page, type in “ADM 674” or “mawdsley”
5. Click on “ADM 674 LAW 654”
6. Enter password, “7411”
7. Click on “Electronic Reserves”
8. click on item to be read – please note that the law cases are preceded by a subject matter area that does not necessarily align with the outline, so look for the name of the case.
9. Read and enjoy! (you will need Acrobat Reader to open)

Final examination on Saturday, June 20, 9:00 am – 11:30 a.m..

Summer 2015
Course Outline/Schedule

May 16 –

Unit 1: Introduction: Education as a State Concern

San Antonio v. Rodriguez, 441 U.S. 1 (1973), text at p. 340

Unit 2: School Governance
Text: Ch. 3, pp. 175-184
Text: Ch. 4, pp. 233-239

Unit 3: School Board decision-making
Bush v. Dassel-Cokato Bd. of Educ. (electronic reserve)
Nichols v. Western Local School Board of Education (electronic reserve)

School Board meetings
Cypress Media, Inc. v. Hazelton Area Sch. Dist. (electronic reserve)
ORC § 149.43 – Public Records Law (electronic reserve)
(Would the same result as in Cypress be reached in Ohio?)

Bellevue John Does 1-11 v. Bellevue School Dist. #405 (electronic reserve)

State ex rel. Savarese v. Buckeye Local Sch. Dist. Bd. of Educ. (electronic reserve)
Vermilion Teachers' Association v. Vermilion Local Sch. Dist. Bd. of Educ. (electronic reserve)

Unit 4: Compulsory attendance
Text: Ch. 12, pp. 789-915

Plyler v. Doe, 457 U.S. 202 (1982); text at p. 863 : reconcile Plyer with, Martinez v. Bynum, 461 U.S. 321 (1983); text at p. 872
Pierce v. Society of Sisters, 268 U.S. 510 (1925); text at p. 860

Parents’ Rights
Huffman v. State of Alaska – Electronic reserve

O.R.C. 3313.642 Materials for course of instruction; free materials;schedule fees and charges for loss and damage; enforcement - Electronic reserve

ABC School v. Mr. and Mrs. M. (case will be handed out in class)

Read short article on Electronic Reserve involving ABC School by Prof. Mawdsley and Vida Lock, Dean of the College of Nursing

Read Brown v. Hot, Sexy, and Safer Productions, 68 F.3d 525 (1st Cir. 1995)