Bill Reedy SECTION 1: INTRODUCTION TO LAW AND GOVERNMENT

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Introduction to course and materials Law and the legal system U.S. and Vermont Constitutions U.S. and Vermont Statutes Charters U.S. and Vermont Regulations Vermont and local school district policies School district procedures and practices Case law Accessing legal resources and documents Structure of government generally Role of the legislative branch Role of the judicial branch Role of the executive branch Educational governance Role of the Governor State Board of Education Supervisory unions/supervisory union boards School districts/school district boards Significance of school districts as municipalities

Materials include: ? ? ? ? ? Sources of Law The Thirteen Judicial Circuits Overview of Vermont?s Educational System Constitutional Questions Frequently Encountered in Education Law Act 115 of the 2006 General Assembly (H.710)

Read also the following sections from the Vermont Education Lawbook 2007 Edition: 1 V.S.A. §126; 16 V.S.A. §§11, 144b, 161-164, 168-170, 211-212, 241-242, 243-244, 261-325, 421-428, 471-515, 551-563, 571-572, 701-723; 17 V.S.A. §2645 SECTION 2: RIGHT TO AN EDUCATION

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Legal Pupil Compulsory Attendance Residency Minimum Course of Study Equal Educational Opportunity Designated Schools/Tuition

Materials Include: ? ? ? ? San Antonio v. Rodriguez Brigham v. State of Vermont Vermont State Board of Education Rules §4400 et seq. Home Study Integration Act 150 Public School Choice in Vermont

Read also the following sections from the Vermont Education Lawbook 2007 Edition: Title 16, Sections 1, 165, 166, 166b, 821, 829, 906, 1049, 1071, 1073(c), 1074, 1075, 1093, 1121-1129, and Chapter II, Section 68 of the Vermont Constitution (page 298)

SECTION 3: LOCAL GOVERNANCE ISSUES

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Powers and duties of the electorate Powers and duties of school boards One person/one vote requirements Conduct of local elections Australian ballot/floor votes Vermont Open Meeting Law Vermont Public Records Law Robert?s Rules of Order Conflict of interest statute Public bidding statute Student transportation School nutrition programs

Materials include: ? VSBA Policy: Code of Ethics for School Board Members ? VSBA Policy: Board Member Conflict of Interest

? Conflict of Interest: Is it? Or Isn?t It? ? Letter from Robert B. Luce, Legal Counsel, to Peg Haviland?Authority of the Supervisory Union Board ? Trombley, et al. v. Bellows Falls Union High School District No. 27, et al. ? Memorandum from Commissioner David S. Wolk to Union School Board Chairs and Superintendents of Schools?Act 31, proportional Representation on Union School Boards Read also the following sections from the Vermont Education Lawbook 2007 Edition: 1 V.S.A. §§310-314 and 315-320; 16 V.S.A. §§554, 557-558, 559, 562, 563, 1071 and accompanying Statewide School Year Calendar note on page 115, 1221-1222, 1261a-1265; 17 V.S.A. §§2641-2644, 2661-2662, 2680

SECTION 4: FEDERAL PROGRAMS; NO CHILD LEFT BEHIND, IDEA, SECTION 504 AND ESL

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No Child Left Behind Act Individuals With Disabilities Education Improvement Act of 2004 Educational Support System Section 504 English as a Second Language

Materials Include: ? NSBA NCLBA Guidelines for Local School Boards ? NCLBA?2008 Summary of Proposed regulations for Title I ? Miscellaneous Provisions of the NCLBA memo (May 31, 2002) ? Board of Education of the Hendrick Hudson Central School District v. Rowley ? Parents Rights in Special Education ? Education Support System: Frequently Asked Questions ? Principal?s Fact Sheet for the Education Support System ? Education Support Team: Frequently Asked Questions ? Section 504 of the Rehabilitation Act of 1973 and Vermont Schools ? Lau v. Nichols Read also the following sections from the Vermont Education Lawbook 2007 Edition: Title 16 Sections 2901-2904, 2941-2974

SECTION 5: STUDENT DISCIPLINE

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Due Process Behavior Interventions Suspension/Expulsion Discipline for Students with Disabilities Student Searches Persistently Dangerous Schools Weapons Liability

Materials Include: ? Goss v. Lopez (abridged version) ? Vermont Rules: 4100 Student Safety and 4300 Student Discipline ? VSBA Model Policy on Student Conduct and Discipline ? VSBA Model Policy on Firearms and Destructive Devices

Read also the following sections from the Vermont Education Lawbook 2007 Edition Title 16 Sections 116a-1166; Title 13 Sections 1604-1612, 1753, 4004

SECTION 6: NON-DISCRIMINATION/ HARASSMENT/ BULLYING/HAZING ? o o o ? o o ? o ? o o Non-discrimination Generally Federal prohibitions (Title VI, Title IX, etc.) Vermont Public Accommodations Act Vermont School Quality Standards Harassment School district liability School board policies and procedures Bullying Model discipline plan amendment Hazing Civil penalties School board policies

Materials include: ? ? ? ? ? ? ? ? 34 C.F.R. §§100.1-100.4 34 C.F.R. §§106.1-106.42 34 C.F.R. §106.34 Access to classes and schools (Oct. 25, 2006 Amendment) Act No. 117, An Act Relating to Bullying Prevention Policies Model Bullying Prevention Plan Policy on Prevention of Harassment of Students Model Policy on Hazing Prevention Celeste Washington v. Pierce, et al.

Read also the following sections from the Vermont Education Lawbook 2007 Edition: 9 V.S.A. §§4500-4507, 4551-4555; 16 V.S.A. §§11(a)(26) and (30), 14, 140a-140d, 165(a)(1)-(8), 565 SECTION 7: EMPLOYMENT ISSUES/ LICENSES/MANDATORY REPORTING

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Employee/employer rights and responsibilities Contracts and collective bargaining Harassment of employees Educator licensing State Board/Standards Board authority Suspension and revocation of licenses Duty to report misconduct Abuse and neglect reporting Mandatory reporting requirements--minors Mandatory reporting requirements--vulnerable adults

Materials include: ? ? ? ? ? Federal Family & Medical Leave Act vs. State Parental & Family Leave Act NIMFS: Collective Bargaining by Acronym VSBA Resource Directory Collective Bargaining Side-by-Side Comparison Policy: Harassment of Employees Memorandum from Richard H. Cate to Superintendents, etc.

Read also the following sections from the Vermont Education Lawbook 2007 Edition: 16 V.S.A. §§164(1) and (5), 1691-1709, 1751-1752, 1981-2027; 21 V.S.A. §§470-474, 495-495d, 495h

SECTION 8: RELIGION AND PUBLIC SCHOOLS

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Payment of tuition to sectarian schools Prayer?Constitutional and statutory questions ?Constitutionally Protected Prayer? School-initiated prayer Graduation prayer Equal Access Act Student religious practices Religious holidays Religion in the curriculum Use of school facilities for religious purposes

Materials include: ? ? ? ? ? Locke v. Davey Zelman v. Simmons-Harris Chittenden Town School District v. Vermont Department of Education Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools Religious Expression and Equal Access

Read also the following sections from the Vermont Education Lawbook 2007 Edition: 16 V.S.A. §§1051-1055

SECTION 9: STUDENT AND PARENT RIGHTS

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Family Educational Rights and Privacy Act Free Speech/Dress Codes Protection of Pupil Rights Act Search and Seizure Self-medication, Allergies and Asthma Child Abuse and Neglect (Including 2008 Amendments) Animal Dissection

Materials Include:

? Family Educational Rights and Privacy Act Regulations ? VSBA Model Policy on Education Records ? Protection of Pupils Rights Amendment ? VSBA Policy on Pupil Privacy Rights ? Guiles v. Marineau (excerpt) ? Oettinger Memorandum: Information to be Included in School Reports, Handbooks and Other Notices ? H. 748 Self-Administration of Medication ? Pottawtomie County v. Earls ? Phanuef v. Fraiken ? VSBA Model Policy on Search, Seizure and Interrogation of Students by School Personnel ? VSBA Model Policy on Searches, Seizures, and Interrogation of Students by Law Enforcement Personnel or Other Non-School Personnel

Read also the following sections from the Vermont Education Lawbook 2007 Edition: Title 33 Sections 4911-4920 SECTION 10: LIABILITY

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Elements of negligence Liability for injury to persons or property Personal liability Insurance Release forms

Materials include: ? ? ? ? Department of Education Q and A on negligence Edson v. Barre Supervisory Union #61 and Barre City Liability Insurance Coverage and Claims School Districts? Negligence Release Forms: Are They Worth the Paper They?re Printed On?

Read also the following sections from the Vermont Education Lawbook 2007 Edition: 16 V.S.A. § 556, 834 and 1756

APPENDIX I

FINAL LEGISLATIVE REPORT OF THE 2008 SESSION

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