Duke University
Durham
North Carolina
27708-0959
STUDENT AFFAIRS BOX 90959
ASSOCIATE VICE PRESIDENT AND DEAN OF STUDENTS TELEPHONE (919) 668-3853
101 BRYAN CENTER FAX (919) 681-7390
EDUCATION 333S (Spring 2017)
LEGAL ISSUES IN EDUCATION
Instructor: Sue Wasiolek
Associate Vice President for Student Affairs and
Dean of Students
Associated Faculty, Program in Education
101 Bryan Center, 114 Gilbert-Addoms
(o) 919-668-3853; (c) 919-824-5799
Class Meeting Time and Location:Wednesday, 3:05 - 5:35 p.m., 326 Allen Building
Office Hours: Please contact me or Gayla Winstead () for an appointment
Course Description: This course is designed to introduce you to various legal issues facing the educational system in this country. Included for consideration and discussion will be such topics as first amendment rights (religious freedom and free speech); Title IX; due process; liability of educational institutions and educators (negligence); contractual rights and obligations; and, student and parental rights and privacy. Whenever possible, legal distinctions will be made between elementary/secondary settings and institutions of higher education as well as between private and public institutions.
Course Materials: There is no textbook; please consult the syllabus for cases to read each week.
Course Requirements: Each student is required to:
1). Submit a brief (5% of your grade) for the case* that has been assigned to you and be prepared to lead the discussion of that case in class. The required format and contents of this assignment will be reviewed in class. The brief is due on the day the case is discussed in class and should include a section that outlines the implications of the case for higher education today;
2). Submit a one-page reflection on selected days (February 15, March 1 and March 29) on one of the Amendments or legal concepts we discussed in class the prior week and its impact (as you perceive it) on higher education (15% of your grade);
3). Write a persuasive, comprehensive appellate brief to include all legal arguments (50% of your grade). Pairs of students will be assigned the role of plaintiff or defendant in a relevant, education law case. Cases will be provided to students on February 1. An outline of the brief is due on February 22and a first draft is due on March 29 or April 5 – your choice. The final brief is due on the last day of class (April 26). In addition to the brief, each pair is required to make an oral presentation of his/her research/brief to the class;
4). Complete the take-home final examination (15% of your grade). It will be due at the scheduled exam time on May 5 at 5:00 PM. The take-home must be typed and is not to exceed five (5) to seven (7) double-spaced pages;
5). On the Tuesday prior to class, identify and send out an article about a legal issue that has been featured recently in The Chronicle of Higher Education, Insidehighered.com or a comparable publication (5% of your grade). Each student will be responsible on one of these days to select and lead the discussion about the article that will be discussed; and,
6). Attend class. Since class participation is an integral part of this course (10% of your grade), attendance is in your best interest
Readers Project. This very exciting, optional opportunity will allow you to be mentored by a Duke alum, who is an attorney. This individual will be available to you to review your appellate brief and provide coaching and feedback, thus providing you with an even closer connection to a “real world” experience and expertise. Students are encouraged to take part in the Reader’s Project as well as assistance provided by the Writing Studio. In addition, student consultants will be available to you to help you navigate your relationship with your reader. These opportunities will be reviewed in class.
COURSE OUTLINE
January 18Introductions; Course Overview: Content and Requirements;
History/Nature of Educational Law; Judicial Structure and How to Find the Law; How to Brief a Case; Visit by the Readers Project staff
January 25Meet at 3:05 p.m. - Duke Law Library tour – meet in Classroom 3171 with Cas Laskowski (directly across the hall from the main Law School reception desk on level 3)
February 1Institutional and Professional Liability/Negligence and Contracts Law; Visit by Readers Project – Cases assigned for Appellate Brief
Mulllins v. Pine Manor Junior College, 449 N.E.2d 331 (Mass. 1983)
Bradshaw v. Rawlings, 612 F.2d 135 (3d Cir. 1979)
1311323369490302927&hl=en&as_
sdt=2&as_vis=1&oi=scholar
Titus v. Lindberg, 49 N.J. 66, 228 A.2d 65 (1967)
as vis=1&oi=scholar
February 8Guest faculty – Chris Lott, Associate University Counsel, Duke University
Negligence and Contracts Law (cont.)
Elliott v. Duke Univ., 66 N.C. App. 590, 311 S.E.2d 632, rev. den., 311 N.C. 254, 321 S.E.2d 132 (1984)
4258243262169413855&hl=en&as_sdt=
2&as_vis=1&oi=scholar
Ross v. Creighton Univ., 740 F. Supp. 1319 (N.D. Ill. 1990)
See also:
February 15The Constitution and Educational Law; State Action –
Reflection paper #1 due
NCAA v. Tarkanian, 488 U.S. 179 (1988)
us&vol=488&invol=179
Rendell-Baker v. Kohn, 457 U.S. 830 (1982)
s=1&oi=scholarr
Tynecki v. Tufts, 875 F. Supp. 26 (D. Mass. 1994)
14029649427324335919&hl=en&as_sdt=
2&as_vis=1&oi=scholar
Arnold v. Bd. of Educ. of Escambia Co., 880 F.2d 305 (11th Cir. 1989)
escambia-county-alabama
February 22The Constitution and Educational Law; Equal Protection
(race and ethnicity) – Outline of Appellate brief due
*Plessy v. Ferguson, 163 U.S. 537 (1896),
us&vol=163&invol=537
*Sweatt v. Painter, 339 U.S. 629 (1950),
us&vol=339&invol=629
*McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950)
us&vol=339&invol=637
Brown v. Bd. of Educ., 347 U.S. 483 (1954),
us&vol=347&invol=483
See also: Brown v. Bd. Of Educ., 349 U.S. 294 (1955),
Plyer v. Doe, 457 U.S. 202 (1982)
San Antonio Indep. School Dist. v. Rodriguez, 411 U.S. 1 (1973)
Affirmative Action
Regents v. Bakke, 1979/1977/1977_76_811
Grutter v. Bollinger, 2009/2002/2002_02_241/
Gratz v. Bollinger, 2009/2002/2002_02_516
Fisher v. Univ. of Texas,
March 1The Constitution and Educational Law; Equal Protection – Reflection Paper #2 due
(gender, sexual preference and handicapping conditions)
*Mississippi Univ. for Women v. Hogan, 458 U.S. 718 (1982)
us&vol=458&invol=718 Cohen v. Brown Univ., 879 F. Supp. 185 (D.R.I.1995)
s=1&oi=scholar
See: 201104.html
*Southeastern Community College v. Davis, 442 U.S. 397 (1979)
us&vol=442&invol=397
*Board of Educ. v. Rowley, 458 U.S. 176 (1982) Honig v. Doe, 484 U.S. 305 (1988)
*Irving Indep Schools v. Tatro, 468 U.S. 883 (1984)
14870986137968601908&hl=
en&as_sdt=2&as_vis=1&oi=scholarr
School Bd. of Nassau Co. v. Arline, 480 U.S. 273 (1987)
search&court=US&case=/us/480/273.html
Davis v. Univ. of N.C., 263 F.3d 95 (4th Cir. 2001)
March 8First Amendment Rights: Free exercise of Religion and the Establishment of Religion
*Wisconsin v. Yoder, 406 U.S. 205 (1972)
bin/getcase.pl?court=us&vol=
406&invol=205
*Lee. v. Weisman, 505 U.S.577 (1992)
us&vol=505&invol=577
Board of Educ. of Westside Community v. Mergens, 496 U.S. 226 (1990)
*Rosenberger v. Univ. of Virginia, 515 U.S. 819 (1995)
?case=5541076601148584638&l=
en&as_sdt=2&as_vis=1&oi=scholar
Bob Jones Univ. v. U.S., 461 U.S. 574 (1983),
=1&oi=scholar
March 15Spring Break
March 22First Amendment Rights: Freedom of Expression
*Tinker v. Des Moines Indep. Community School District, 393 U.S. 503 (1969) ),
15235797139493194004&hl=
en&as_sdt=2&as_vis=1&oi=scholar
*Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) *Bethel School District v. Fraser, 478 U.S. 675 (1986)
*Papish v. Board of Curators, 410 U.S. 667 (1973)
*Iota Xi Chapter of Sigma Chi v. George Mason Univ., 993 F.2d 386
(4th Cir. 1993)
14732046709879814654&hl=en&as_sdt=
2&as_vis=1&oi=scholar
Lovelace v. Southeastern Massachusetts Univ., 793 F.2d 419 (1st Cir.
1986)
12565182645531896533&hl=en&as_sdt=
2&as_vis=1&oi=scholar
*Mozert v. Hawkins Co. Bd. of Educ., 827 F.2d 1058 (6th Cir. 1987)
March 29Due process; student discipline; privacy – Reflection Paper #3 due/First draft due
*Dixon v. Alabama State Bd. of Educ., 294 F.2d 151 (5th Cir. 1961)
4124712939652175520&hl=en&as_sdt=
2&as_vis=1&oi=scholarr
*Goss v. Lopez, 419 U.S. 565 (1975)
*Perry v. Sinderman, 408 U.S. 593 (1972)
4415013413682250783&hl=en&as_sdt=
2&as_vis=1&oi=scholarr
*Board of Regents v. Roth, 408 U.S. 564 (1972)
18370897492932063892&hl=en&as_sdt=
2&as_vis=1&oi=scholarr
Regents v. Ewing, 474 U.S. 214 (1985)
15161338077484526167&hl=en&as_sdt=
2&as_vis=1&oi=scholarr
O'Halloran v. Univ. of Washington, 679 F. Supp. 997 (W.D. Wash. 1988) washington#.U6G4AqiN064
*New Jersey v. T.L.O., 469 U.S. 325 (1985)
4170966027434691269&hl=en&as_sdt=
2&as_vis=1&oi=scholar
Veronia School District v. Acton, 515 U.S. 646 (1995)
State v. Burroughs, 926 S.W.2d 243 (Tenn. 1996)
s=1&oi=scholarr
Barrett v. Claycomb, 705 F.3d 315 (8th Cir. 2013),
=1&oi=scholar (Peters)
U.S. v. Heckencamp, 482 F.3d 1142 (9th Cir. 2007),
Intellectual Property, UBIT
Speck v. N.C. Dairy Foundation, 319 S.E.2d 139 (N.C. 1984),
15066537322761293259&hl=
en&as_sdt=2&as_vis=1&oi=scholar
Stanford v. Roche, 2019/2010/2010_09_1159
April 5Presentations (First draft due)
April 12Presentations
April 19Presentations
April 26Presentations (Final paper due)
May 5Take home final due
Reference Materials
Books:
Barr, Student Services and the Law, Jossey-Bass Publishers (1988).
Edwards and Nordin, Higher Education and the Law, Institute for Educational Management at Harvard University (1979).
Kaplin and Lee, The Law of Higher Education, Jossey-Bass Publishers (3rd ed. 1995).
LaMorte, School Law, Allyn and Bacon (5th ed. 1996).
Olivas, The Law and Higher Education, Carolina Academic Press (1989).
O'Reilly and Green, School Law for the 1990s: A Handbook, Greenwood Press (1992).
Yudof, Kirp and Levin, Educational Policy and the Law, West Publishing (1992).
Other References and Resources:
Chronicle of Higher Education
College Administrator and the Courts
The College Counsel
College Law Bulletin
College Law Digest
Education Law in North Carolina
Education Law Reporter
Journal of College and University Law
Journal of Law and Education
Lex Collegii
NACUA College Law Digest
School Law Bulletin
Yearbook of Higher Education Law